Confidentiality

Question 1

What is confidentiality ?

Answer 1

‘having another’s trust or confidence; entrusted with secrets or private affairs’

Question 2

When can confidentiality be broken ?

Answer 2

u With the individuals consent
u If in the patient’s interest but consent cannot be gained
u If required by law
u When there’s a statutory duty, eg; births, deaths, communicable diseases *
u If overwhelmingly in the public interest
u If necessary for national security or prevention/detection of crime would be delayed
u Certain situations related to medical research

Question 3

Explain how the Hippocratic Oath fits into confidenitality ?

Answer 3

It says that

Whatever in connection with my professional practice I see or hear which ought not to be spoken abroad, I will keep secret.

Question 4

What laws protect patient confidentiality ?

Answer 4

• Common law
• Data protection act 1998
• Human rights act
• National Health service act 2006
• GDPR May 2018
• PA code of conduct – get consent, follow all legal requirements.

Question 5

Explain GDPR 2018

Answer 5

• This is incorporated into the data protection act.
  u Lawfulness, fairness and transparency in relation to individuals
  u Collected for specified, explicit and legitimate purposes
  u Data minimisation
  u Accurate & kept up to date
  u Storage limitation - for no longer than is necessary
  u Integrity and confidentiality (security of personal data)
  u Accountability - of the data’s controller

Question 6

If you are in doubt about confidentiality, what can you do ?

Answer 6

Caldicott Guardian is a senior person responsible for protecting the confidentiality of patient and service-user information and enabling appropriate information-sharing. Each NHS organisation is required to have a Caldicott Guardian

Question 7

What are the calidcott principles ?

Answer 7

• Principle 1 - Justify the purpose(s) for using confidential information
• Principle 2 - Don’t use personal confidential data unless it is absolutely necessary
• Principle 3 - Use the minimum necessary personal confidential data
• Principle 4 - Access to personal confidential data should be on a strict need-to-know basis
• Principle 5 - Everyone with access to personal confidential data should be aware of their responsibilities
• Principle 6 - Comply with the law