Confidentiality

Question 1

Relevant laws

Answer 1

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

Question 2

General Data Protection Regulation (2016)

Answer 2

• 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)

Question 3

ICO

Answer 3

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

Question 4

Importance of maintaining confidentiality

Answer 4

• 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.

Question 5

Duty of confidentiality

Answer 5

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

Question 6

Confidential information

Answer 6

• 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.

Question 7

Confidentiality doesn’t include

Answer 7

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

Question 8

Protecting information

Answer 8

• 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 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.

Question 9

Disclosing information with consent

Answer 9

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

Question 10

When would disclosure without consent be appropriate?

Answer 10

• Disclosures required by law
• Disclosures made in the public interest

Question 11

Disclosures made in the public interest

Answer 11

• 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

Question 12

Disclosures required by law

Answer 12

• 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

Question 13

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

Answer 13

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

Question 14

Disclosing infromation - records

Answer 14

• Who requested it
• Whether they obtained the consent of the person under their care, or their reasons for not doing so.
• Whether 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).