Confidentiality

Question 1

Common Law

Answer 1

Information given or obtained in confidence shouldn’t be used or disclosed further, except in certain circumstances. (unless legal basis for doing so)

Question 2

European Convention on Human rights Article 8

Answer 2

Right to respect for private and family life

Question 3

What are cases where you can break confidentiality ?

Answer 3

Patient’s consent
Patient’s best interests
Required by law
Public interest

Question 4

W vs Edgell

Answer 4

W wanted to move from secure hospital prison to regional unit.

Dr Edgell, was asked by W’s legal advisors to provide a confidential expert opinion that they hoped would show that W was no longer a danger to the public. However Dr Edgell was of the opinion that in fact W was still dangerous.

‘W’ brought an action for breach of confidence.

The Court of Appeal held that the breach was justified in the public interest, on grounds of protection of the public from dangerous criminal acts.

However, the Court said the risk must be ‘real, immediate and serious’.

Question 5

X vs Y

Answer 5

A Health Authority sought an injunction to prevent a national newspaper publishing the names of two practicing doctors who were receiving treatment for AIDS.

The Court balanced the public interest in freedom of the press against the public interest in maintaining hospital records confidential.

The Court found that lack of publication of the information would be of minimal significance since there was a wide-ranging public debate about AIDS generally.

In balancing these competing interests it should be noted that disclosure should in any event only be made to a relevant party - there should be no blanket disclosure.

Question 6

What is meant by public interest ?

Answer 6

Real and serious risk
Physical harm risk
Identifiable individuals must be at risk
Disclosure on need to know basis

Question 7

Statuary requirements for disclosure

Answer 7

Births and deaths
Pregnancy terminations

Criminal cases (no statutory duty to supply confidential information to the police but can’t obstruct police)

Poisonings
Work accidents
Road traffic offences
Suspicion of child abuse
Terrorism

Fitness to practice proceedings
Public health reasons
Notifiable diseases (e.g. TB)