HAM and Department of Justice and Attorney-General

HAM and Department of Justice and Attorney-General
(1993 S0127, 24 May 1996)

The matter in issue was part of information sworn by a doctor for the purpose of issuing a warrant under s.25(1) of the Mental Health Act. It comprised an opinion about the applicant supplied to the doctor by a third party.

The Information Commissioner determined that the matter was exempt under s.46(1)(a). The Commissioner rejected claims that a 'public interest defence' and a defence of 'unclean hands', would apply to an action for breach of confidence in this case.  There was no evidence of any crime or wrongdoing committed in the context of issue of the warrant. Nor was there evidence that the opinion conveyed was not honestly held by the third party.