The High Court has overturned a decision of the Information Commissioner directing a health board to disclose edited records to a woman relating to her adoption more than 40 years ago.
The commissioner had argued that the information was non-identifying and that disclosure could be made in the public interest.
However, the High Court found that releasing such records could create a fear among pregnant women about confiding in health boards and could put the life of a baby at risk.
The mother in this case was unmarried when she gave birth to the woman at the centre of High Court proceedings about access to records.
These events happened more than 40 years ago and in the intervening time both the mother and the child had made new lives.
The mother has long since married and had a family and did not wish to jeopardise, what was termed, 'the structured trust and security' with a disclosure that might be brought about by being contacted by her first born child.
That child was adopted at birth and had for years been seeking information about her birth mother and was anxious to contact her.
However, the mother did not wish to be contacted and had been assured by the South Western Area Health Board that what she had disclosed would be kept confidential.
The board felt honour bound to keep faith with these assurances of confidentiality which it made years ago.
The Information Commissioner had directed release of the records in edited form, including medical information but that decision was appealed to the High Court under the Freedom of Information Act.
The court found that the commissioner had made a value judgment about the extent of the invasion of the woman's rights without giving her the right to make representations and this was procedurally unfair.
