The general letter from St Mary’s was adequate for the purposes of F’s housing application.
This letter came to light ONLY in January 2014 when F asked RBKC for any documentary evidence of his HIV diagnosis. He was aware that his HIV clinic at St Mary’s or his GP never gave RBKC any information.
Up to this date, F was NOT aware of this letter, let alone that he provided any consent to the Hospice to issue it. When asked, the Hospice could not provide any information about this letter.
Copy of this letter was sent to him by Ms Antoinette Carter, RBKC’s Information Officer, over an un-encrypted email system, causing much concern.
Had RBKC complied with F’s instructions/Notice in May 2010, this letter would have been long removed from his file; F would have never known of its existence.
F is of the opinion that the Hospice should not have been asked for anything, as RBKC had already made a request for a same letter to St Mary’s, who provided F with medical treatment. The Hospice should have never issued such a specific letter, detailing F’s HIV/AIDS diagnosis.
St John’s Hospice, breached not only F’s Confidentiality in the context of doctor/patient confidentiality, but also the NHS Statutory Restrictions on data handling and violated article 8 of the Human Rights Act.
Even with F’s consent, of which there is NO evidence, any reference to his HIV+ status would be illegal.