Confidentiality Flashcards

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1
Q

Relevant laws

A

General Data Protection Regulation (2016)
Human Rights Act 1998 (Article 5, 8)
Common law duty of confidentiality

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2
Q

General Data Protection Regulation (2016)

A
  • Regulation on data protection and privacy
  • Important part of Human Rights Act (Article 5, 8)
  • Covers personal information, including data about the physical or mental health or condition of a person.
  • Enforced by the Information Commissioners Office (ICO)
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3
Q

ICO

A

Enforces data protection legislation and produces advice and guidance on it.

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4
Q

Importance of maintaining confidentiality

A
  • Vital part of the relationship between a pharmacist/patient.
  • Patients may be reluctant to share vital information if they believe it will not remain confidential.
  • Damages public trust and confidence.
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5
Q

Duty of confidentiality

A
  • Professional and legal duty to keep information confidential.
  • Applies to patients of any age, and even after their death.
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6
Q

Confidential information

A
  • Electronic and hard copy data
  • Personal details
  • Information about a person’s medication (prescribed and non-prescribed)
  • Information about a person’s medical history, treatment or care that could identify them.
  • Information does not have to be medical in nature.
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7
Q

Confidentiality doesn’t include

A
  • Anonymous information − information from which individuals cannot reasonably be identified.
  • Pseudonymised information
  • Information that is already legitimately in the public domain.
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8
Q

Protecting information

A
  • Take steps to protect information they receive, access, store, send or destroy.
  • Ensure personal data is accurate/up to date.
  • Access confidential information and records only as part of providing treatment and care for a person.
  • Ensure all staff know are aware of their responsibility to maintain confidentiality and are taking necessary steps.
  • Store hard copies of confidential information securely
  • Don’t discuss confidential information in areas where others can hear.
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9
Q

Disclosing information with consent

A
  • Patient should be informed of what information will be shared, why, who to and the consequences of disclosing/not disclosing.
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10
Q

When would disclosure without consent be appropriate?

A
  • Disclosures required by law
  • Disclosures made in the public interest
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11
Q

Disclosures made in the public interest

A
  • a serious crime
  • serious harm to a person receiving care
    or to a third party, or
  • serious risk to public health

then we can override the Data Protection Act

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12
Q

Disclosures required by law

A
  • Authority figure do not have automatic right
  • Pharmacist must be satisfied that there is legitimate reason (e.g. public interest)
  • Written letter requiring access to confidential info could be requested
  • Don’t give them more information that they have asked.
  • Seek advice from others if unsure
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13
Q

Who can you seek advice from if unsure to provide confidential information

A

Relevant body
- indemnity insurance provider
- other pharmacy organisation
- ICO
- independent legal adviser.

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14
Q

Disclosing infromation - records

A
  • Who requested it
  • Whether they obtained the consent of the person under their care, or their reasons for not doing so.
  • Whethere consent was given/refused
  • What was disclosed
  • Steps taken to ensure disclosure was secure
  • What the lawful authority or provision was under which the request and/or disclosure was made (justify why they made it).
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