Privacy and media law: United Kingdom
As of 2026-10-05.
Medical confidentiality
Information a patient shares in confidence may not be disclosed without consent or another legal justification, a duty built up by the courts rather than set out in a statute [1]. Doctors, including those in private practice, must also follow GMC confidentiality guidance, and serious or persistent failure to follow it puts their registration at risk [2].
Health data
Under the UK GDPR, data about physical or mental health is "special category" data and may only be processed under one of the conditions in Article 9 [3]. The Data (Use and Access) Act 2025 keeps that protection and requires organisations to acknowledge data complaints within 30 days [4].
Photographs and harassment
There is no general image right, but misuse of private information is actionable. In Campbell v MGN, the House of Lords held (3 to 2) that publishing covert photographs of a model leaving a Narcotics Anonymous meeting, with details of her treatment, was unlawful and restored her damages award [5][6]. Harassment can lead to damages and an injunction [7]. Scotland has its own harassment provisions, including non-harassment orders [8].
Stopping publication
Courts stop publication before trial only if the claimant is likely to win [9]. In PJS v News Group, the Supreme Court kept a privacy injunction in place even though the story was already online abroad, finding damages inadequate [10]. The Editors' Code that IPSO enforces protects physical and mental health (clause 2), bars persistent pursuit (clause 3) and restricts journalists in hospitals (clause 8), with public-interest exceptions [11].
What this means in practice
UK law offers strong remedies after a leak, and sometimes before publication, but it cannot stop someone taking a picture. How a clinic handles arrivals, residences and staff discipline matters as much as the law.
Sources
- "Confidentiality policy" (common law duty of confidentiality), NHS England. https://www.england.nhs.uk/long-read/confidentiality-policy/ (accessed 2026-10-05; content confirmed via search extract, page body did not render). Supporting: "Section 2: The common law of confidentiality and consent", NHS England Digital, https://digital.nhs.uk/data-and-information/looking-after-information/data-security-and-information-governance/codes-of-practice-for-handling-information-in-health-and-care/a-guide-to-confidentiality-in-health-and-social-care/hscic-guide-to-confidentiality-references/section-2 (accessed 2026-10-05).
- "Confidentiality: good practice in handling patient information", General Medical Council. https://www.gmc-uk.org/cdn/documents/gmc-guidance-for-doctors---confidentiality-good-practice-in-handling-patient-information----70080105.pdf and https://www.gmc-uk.org/professional-standards/the-professional-standards/confidentiality/about-this-guidance (accessed 2026-10-05).
- "What is special category data?", Information Commissioner's Office. https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/special-category-data/what-is-special-category-data/ (accessed 2026-10-05).
- "The Data (Use and Access) Act 2025: what does it mean for organisations?", Information Commissioner's Office. https://ico.org.uk/about-the-ico/what-we-do/legislation-we-cover/data-use-and-access-act-2025/the-data-use-and-access-act-2025-what-does-it-mean-for-organisations/ (accessed 2026-10-05).
- Campbell v MGN Ltd [2004] UKHL 22, House of Lords judgment of 6 May 2004. https://publications.parliament.uk/pa/ld200304/ldjudgmt/jd040506/campbe-1.htm (accessed 2026-10-05).
- "MGN Limited v. the United Kingdom: Naomi Campbell v. the Tabloid Press", Strasbourg Observers (Ghent University Human Rights Centre and Hasselt University; secondary, university). https://strasbourgobservers.com/2011/03/14/mgn-limited-v-the-united-kingdom-naomi-cambpell-v-the-tabloid-press/ (accessed 2026-10-05).
- Protection from Harassment Act 1997, section 3 (civil remedy, England and Wales). https://www.legislation.gov.uk/ukpga/1997/40/section/3 (accessed 2026-10-05).
- Protection from Harassment Act 1997, section 8 (Scotland). https://www.legislation.gov.uk/ukpga/1997/40/section/8 (accessed 2026-10-05).
- Human Rights Act 1998, section 12. https://www.legislation.gov.uk/ukpga/1998/42/section/12 (accessed 2026-10-05).
- PJS v News Group Newspapers Ltd [2016] UKSC 26, UK Supreme Court, 19 May 2016. https://www.supremecourt.uk/cases/uksc-2016-0080 (accessed 2026-10-05). Reasoning confirmed via case analysis, Global Freedom of Expression, Columbia University (secondary, university): https://globalfreedomofexpression.columbia.edu/cases/pjs-v-news-group-newspapers-ltd-2016-uksc-26 (accessed 2026-10-05).
- Editors' Code of Practice (version in force from 1 January 2025), Editors' Code of Practice Committee. https://www.editorscode.org.uk/the_code.php (accessed 2026-10-05). IPSO clause page: https://www.ipso.co.uk/clause/8-hospitals (accessed 2026-10-05).