F became aware that local authorities were obliged to follow the Department of Health’s “Confidentiality – NHS Code of Practice‘, In order to get a reassurance of this information, on 25th November 2013, F contacted the DCLG, as it was then.
He was very happy when the Department replied on 19th December 2013, confirming that what he assumed, was actually true,
The DCLG’s reply is very clear in respect of handling of HIV related information. It refers to the NHS Code of Practice, where paragraph 46 addresses this point.
Therefore, RBKC should have been guided by the provisions of this paragraphs, when considering the disclosure of F’s HIV related information.
F also contacted LIBERTY, the organisation allegedly concerned with individual and the Human Right Act. F was told that the “Confidentiality NHS Code of Practice” applied ONLY to the NHS. The statement above would certainly contradict Liberty’s assumption.