Confidentiality Flashcards
What is confidentiality?
It is the law whereby a doctor or medical practitioner cannot reveal anything said to them by their patients during consultation or treatment, as it is their duty.
Why is confidentiality essential?
It is essential to the doctor–patient relationship as without it, patients could be reluctant to seek medical help or to give sufficient information for a doctor to provide the necessary treatment.
What does The NHS Confidentiality Code of Practice state?
The NHS Confidentiality Code of Practice states that patients entrust us with, or allow us to gather, sensitive information relating to their health and other matters as part of their seeking treatment. They do so in confidence, and they have the legitimate expectation that staff will respect their privacy and act appropriately.
What is the The Data Protection Act 1988?
The Data Protection Act 1998 governs the processing of information, including the storing, obtaining, using, and disclosing of confidential patient information
What is The Computer Misuse Act 1990 ?
The Computer Misuse Act 1990 makes it a criminal offence for a person to access a database to gain confidential information to which the person is not authorised.
What are the main requirements of confidentiality?
- Protect and look after patients or service user’s information.
- Inform individuals of ow their information is used.
- provide choice for individuals whether their info is disclosed or used.
- to look for better ways to do these.
When can information be disclosed?
⦿ Confidential information can be disclosed if a patient gives his/her express or implied consent to the disclosure.
⦿ If the disclosure is required by law or is justified in the public interest.
⦿ When healthcare practitioners share information within the healthcare team, for the purposes of clinical audit
What must you do when disclosing information?
- use anonymised information if it is practicable to do so and if it will serve the purpose.
- be satisfied that the patient:
has ready access to information explaining how their personal information will be used for their own care or local clinical audit, and that they have the right to object - get the patient’s explicit consent if identifiable information is to be disclosed for purposes other than their own care or local clinical audit, unless the disclosure is required by law or can be justified in the public interest
- keep disclosures to the minimum necessary for the purpose
- follow all relevant legal requirements, including the common law and data protection law.
When may it be possible to disclose information without consent?
It may be possible to disclose personal information without consent if it is not possible to gain consent, and if disclosure benefits an individual or a society by preventing harm or death. It is determined by courts, and you must justify your decision to the GMC (General Medical Council).
Can a patients information be shared with family carers and friends?
Normally the people involved in the patient’s care will not share the patient’s information with family, friends and carers about the care and treatment unless the patient consents. This is the case for everyone, even close family members. There are times they can share some things without the patient saying they can. The people involved in a patients care and treatment should keep a record of the choices made.
What happens if the patient lacks the required mental capacity of what information they want to be shared and with who?
it will be assumed that the information can be shared with the people closest to them. If this incapacity is temporary, the decision making could b delayed. If it is a child, consent will be gained from a competent minor, or from parental responsibility.
What happens if the patient dies?
If the patient dies, the duty of confidentiality continues, especially if the person had previously asked for information to be kept confidential.
