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Original Articles

Legal issues in psychology in Ireland: Aspects of confidentiality and the clinical relationship

Pages 1-15 | Published online: 13 Nov 2012

Reference

  • Memorandum and Articles of Association and Code of Professional Ethics . 1998 . Dublin : Psychological Society of Ireland .
  • 456 R. v. Mid Glamorgan Family Health Services [1995] 1 All E.R
  • Ibid., at page 457
  • See: McInerney v. MacDonald [1991] 2 Med. L.R. 267.
  • See: Secretary of State for Defence v. Guardian Newspapers Ltd. [1984] 3 All E.R. 601.
  • See: C. v. C. [1946] 1 All E.R. 562.
  • 1997 . See: section 2(1) of the Freedom of Information Act 1997 and section I of the First Schedule to the Act.
  • Tomkin , D. and Hanafin , P. 1995 . Irish Medical Law , 54 Dublin : The Round Hall Press .
  • 284 McGee v. Attorney General [1974] I.R.
  • Cf: Kennedy and Arnold v. Ireland and the Attorney General [1987]I.R. 587 at 592 (per Hamilton P. (as he then was)).
  • 50 See: Tomkin & Hanafin. op. cit. page 50.
  • 515 These were identified in: Cook v. Carroll [1945]I.R. 515.
  • Ibid., at page 520 (Gavan Duffy J.).
  • 1984 . 611 Cf.: House of Spring Gardens v. Point Blank Ltd. [1984]I.R. 611.
  • Under section 7 of the Data Protection Act 1988. data controllers owe a statutory duty of care to data subjects in relation to the collection and processing of data and the prevention of unauthorised access to such data.
  • Cf:. Dunne v National Maternity Hospital [1989]I.R. 91 at 109 (per Finlay C.J.).
  • Cf.: Kennedy and Arnold v Ireland and the Attorney General [1987] IR 587 at 593. per Hamilton P (as he then was).
  • Tarrasoff v. Regents of the University of California (1976) 551 P. 2d. 334.
  • See: Sellers v. United States (1989) 870 F. 2d. 1098.
  • See: paragraph 18.14. of A Guide to Ethical Conduct and Behaviour and to Fitness to Practice. The Medical Council. Dublin. 1994, 5th edition. The Guide of the PSI does not contain such reference.
  • X. v. Y. and Others [1988] 2 All E R. 648.
  • Ibid., at page 660 (per Ross J.).
  • 835 W. v. Egdell [1990] I All E.R. 835
  • S.I. 390/1981 and S.I. 288/1988.
  • The Medical Council’s Guide, op. cit., points out that a doctor who is confronted with a patient carrying a communicable disease, must carefully assess the potential risk to public health and must strictly adhere to the Statutory obligations concerning the reponing of such cases; see: paragraph 18.12.
  • The case referred to is the McColgan cases. The case was eventually settled out of court. Details of the case have been widely reported in the national press; see, for example. The Irish Times, 24 January 1998. This author also discussed the case; see: Ubaldus de Vries (1998) “The Implications of the McColgan Case” Modern Medicine. 28, March. 43–45.
  • An “appropriate person” is a designated officer appointed by the Chief Executive Officer of a health board for the purposes of this Act: see: section 2. It also includes a member of the Garda Síochána (the Irish police force).
  • The Browne affair, The author relies on the interpretatIOn of the transcripts of the he.ving by Fintan O'Toole: sce: Fintan O'Toole, “How Medical Council decided to admonish Ivor Browne”, The Irish Time, 11 January 1997.
  • Fintan O'Toole, op. cit.

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