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X v Y 1988 - Confidentiality case

Court decision

Rose J reviewed the issue of transmission of HIV from doctor to patient and was persuaded that, providing the doctors received proper counseling about safe practice, then the risk to their patients was negligible. Therefore, a second injunction was granted, as it was also decided that all employees are contractually bound to respect confidence and its preservation is in the public interest. Why? Otherwise, patients' willingness to come forward for treatment or counseling would be undermined. In this case the rights of individuals, i.e. the doctors, were seen as more important than the public interest argument.

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