✍ Scribed by Tuvi Keinan
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The appellants S So ou ur rc ce e I In nf fo or rm ma at ti ic cs s L Li im mi it te ed d applied to the Supreme Court of Judicature (Court of Appeal (Civil Division)) for Judicial Review, appealing the decision of Mr Justice Latham given on 28 May 1999. 1 Source is a UK subsidiary of an American company concerned for commercial reasons to obtain information as to doctors' prescribing habits. Source had no interest in the patients' names or identities but every interest in all other information contained on a doctor's prescription form, these being the doctor's name, the date of prescription, the product prescribed and the quantity prescribed. Pharmacists, for their own purposes, enter all information onto their computer database. Source, by payment of £150 per annum to the pharmacist, secured the anonymized information (i.e. all the information save that which would identify the patient) by means of specially designed computer software, which processed weekly downloads sent by the various pharmacists.The main aim of the database was to obtain knowledge of doctors' prescribing habits to be primarily used by pharmaceutical companies to allow them to target more precisely promotions and communications regarding their products. Doctors had no objections to this process, and Source paid a modest £15 a year, to a charity of their choice, as consideration for their cooperation.
On the 24 July 1997 the Department of Health issued a policy document claiming that Source's processes were unlawful and involved breach of the patient's confidence. Source challenged the department's actions (these being of legislative effect) and brought an application for judicial review.The court of first instance was convinced that "what is proposed [by Source] will result in a clear breach of confidence unless the patient gives consent".
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