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Medico-Legal LinkedIn Light Bulb Series




In February 2025, Aubergine Legal ran a LinkedIn series of light bulb 'snippets' of information about medico-legal issues faced by psychologists in the UK. You can read the whole series here, in this blog.


Lightbulb Series - Data Protection In Medical Law (Medico-legal)


Welcome to my new - somewhat niche - Lightbulb series for February. This one is for anyone working in the legal or medical sector who may be confused about client data protection when these two worlds intersect. I’ll be answering many common questions - some of which some of you have asked me - about safeguarding measures, protocols and compliance at times when it’s necessary to share client/patient information for legal purposes.


Light Bulb #1


Q. How do you handle requests for client records from law firms or the court while maintaining data privacy?


A. The first thing you’ll need to do is confirm the request is genuine and the information requested is specific. ✅


Where possible, getting client consent to share their information is the first and most ethical course of action. 🤝 If this is not possible or given then legal grounds for disclosure must be established. ⚖️


Assuming legal grounds are met (see next Lightbulb for more on this), then you must share only data directly related to the request. 📄 You should also keep detailed records relating to the request and all communications with the client, court and legal representatives thereafter. 📝


Lastly, you must make clear to legal entities that the data shared may not be passed to third parties and that it remains confidential in nature. 🔒


Unsure of how to handle a legal request for client information? Please seek legal advice for guidance and support. 📞


Light Bulb #2


Q. What legal grounds must there be for disclosure of a patient’s medical data?


A. GDPR specifies a few circumstances in which a psychologist may disclose personal data.


These include:


  1. Legal - mandatory request from a court ⚖️

  2. Coroner’s request - to adequately investigate cause of death, etc. 🕊️

  3. Consent - confidential client information may be shared if they give you consent to do so 🤝

  4. Patient lacks capacity - if the patient is unable to give consent (in line with capacity legislation) but disclosure is thought to be in the patient’s best interests 🧠

  5. Public interest - disclosure is in the public interest and is deemed more important than the client’s right to privacy 🌍


It is advisable, in the interests of transparency, to make patients aware of these potential exceptions to their confidentiality prior to working with them, for example, in your contract. 📄

Light Bulb #3


Q. How can psychologists protect client confidentiality when preparing reports for legal proceedings?


A. As stated in a previous post in this series (see my posts via my profile), psychologists may only share personal client data when there is a genuine legal request and when either the client has consented or you are legally obliged to. ⚖️


When sharing information, other measures should also be taken to protect it. These include:


  • Limiting information shared only to that which has specifically been requested and is deemed relevant 🔍

  • Making the recipient aware they are handling personal data and that GDPR should be applied (mark all files as ‘sensitive or confidential information’) ⚠️

  • Using secure file sharing with controlled access 🔒


When sharing information electronically, only use robust, trusted methods and ensure systems are regularly tested and protected. 💻 Physical files must also be kept secure and access must be restricted only to those with legal permission to view the information. 🗂️


Light Bulb #4


Q. When disclosing medical records what might be included?


A. For medical records, including those of private practice psychologists, medical records might include: 


  • Handwritten and electronic notes

  • Correspondence between health professionals relating to the patient/client

  • Audio recordings

  • Video recordings

  • Electronic records

  • Medical reports (test results, etc)

  • Client/patient and practitioner communications e.g. email and text


It is important to stress that whilst all of these types of records may be included in the request, you must only disclose information that has specifically been requested and is deemed relevant.


Light Bulb #5


Q. Can psychologists object to a mandatory legal request for confidential client information/medical records?


A. If you have received a mandatory legal request for a client’s personal information then you do still have the right to object, especially if the patient is unable or unwilling to consent to disclosure of their confidential information.


You may object for the following reasons:


  • The request includes irrelevant or excessive data

  • May cause harm if disclosed

  • The disclosure request is unclear or unspecific


When raising an objection, one of these reasons should be specified and the next course of action should be suggested. For instance, you may need the request to be more specific or you may need to clarify what confidential information is necessary to disclose. The court or a legal adviser should be able to explain this to you.


If you believe that disclosure may cause harm then these concerns should be raised with the judge or presiding officer.


In addition, psychologists can consult their own legal advisers without breaching confidentiality to ensure compliance with the law.


Light Bulb #6


Q. Do I need patient/client consent to disclose information to my own legal advisor?


A. Where possible, it is always advisable to secure consent from the patient/client if you intend to share their confidential information. Often this is legally required except for specific circumstances (e.g. A legal or court-mandated request).


However, you do not need client/patient consent to disclose their personal data to your own lawyer or legal advisor when seeking advice, as your legal communications are also confidential.


Light Bulb #7


Q. When sharing client data with an authorised legal body, how do I ensure that only authorised personnel have access?


A. When confidential client information is shared for legal purposes - whether the disclosure is agreed upon by the client, or in the case that the request is legally mandated - it’s critical to implement additional safeguards to maintain the security of the data.


Handling the preparation and transfer of the requested information should be carried out either by yourself or other authorised personnel (e.g., a designated data protection officer or senior clinician).Electronic data should be encrypted before sending and secure email or file-sharing systems used. For physical documents, use tracked and secure courier services to deliver information directly to the court.


It may be assumed that because you’re dealing with legal professionals, GDPR will be followed. However, since the client/patient is or has been in your care it’s best to make expressly clear - ideally in writing - that only authorised personnel should have access to the information and that it must be clearly marked as ‘confidential’ and kept secure.


Once client data has been shared for legal purposes, however, it is generally up to the relevant court whether the information can/will be disclosed publicly (more on this in the next lightbulb).


Light Bulb #8


Q. Do I have any say in how a client’s personal data is used once disclosed for legal purposes?


A. Typically, no. If there are concerns about the sharing of the requested information then these should be raised prior to disclosure, before the data becomes part of the court record. Once information is submitted to the court, it becomes part of the court record, and its use is governed by the court's rules and procedures.


Only the court has the authority to decide how the information is used and shared during the proceedings. The psychologist who provided the information is generally not required to give further consent for the use of the client’s data in the legal proceedings. However, the psychologist may be called upon as a witness to clarify the content, context or significance of the disclosed information.


While not always guaranteed, it is good practice for courts or legal representatives to communicate with the psychologist about their intentions for the use of disclosed information, particularly if ethical or professional considerations arise.


Light Bulb #9


Q. What is the retention period for records related to medic-legal cases?


A. GDPR states that psychologists should only retain records, including personal and health data, for as long as necessary to fulfil their purpose.


The British Psychological Society (BPS) recommends storing client information for seven years after the client last engaged in services.


In medico-legal cases, however, you may be justified in retaining records for a longer period. This is due to the potential of continued or renewed legal processes where the information may again be requested. Such records may comprise the client information disclosed as well as your records of all actions and communications relating to the original request.


If you're unsure of how long to hold onto records relating to a medico-legal case, consult a lawyer with expertise in this field.


Light Bulb #10


Q. How do I responsibly destroy medico-legal records?


A. As mentioned in my previous lightbulb, you may hold onto medico-legal records for longer than other personal data. However, when it is time to destroy these records you must do so responsibly.


A paper shredder should be used for psychical records to ensure they're completely unreadable. For electronic records, secure deletion software should be used. Note that total data-wiping methods must be actioned and you must ensure copies are not stored in virtual bins, etc.


You should also keep a record of when documents are destroyed so there is an audit trail.





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