Anonymisation is not exoneration. Case commentary

Analyses R v Department of Health, ex parte Source Informatics Ltd 1999, a decision that any use of information given in confidence for unconsented purposes is a breach of confidence capable of supporting a legal action (even if the information has previously been anonymised and aggregrated). The rule is being appealed. Argues that, while it is reasonable to delineate a narrower duty of confidentiality (not to disclose personal information, against breach of which anonymisation protects), this must be within a broad duty of confidence (not to use private information, which using anonymous information can still breach). Thus, the ruling is fundamentally correct in holding that anonymisation does not permit information obtained in confidence to be used for unconsented purposes. (Original abstract - amended)