Confidentiality Flashcards
State the possible outcomes of breaking confidentiality
Struck off GMC register, unhappy family and can be sued in civil court
State the possible circumstances in which confidentiality can be broke
Permission given by the patient to discuss with relatives
Discussion with other healthcare professionals
In court
Protection of other persons
Procurator fiscal - if the deaths were suspicious
Consent
Agreement to an action based on knowledge of what that action involves and its likely consequences
Express consent
Consent that expressed orally or in writing
Personal information
Information about people that doctors learn in a professional capacity and from which individuals can be identified
Identifiable information
Information from which a patient can be identified. This may be date of birth, name, address
Disclosure
The provision of access to information about a patient regardless of the purpose
What does the GMC state about confidentiality
Patients have a right to expect that information about them will be held in confidence by their doctors
Data Protection Act 1998
Permits disclosure of personal data in some circumstances
State the data protection principles
Data must be Fairly and lawfully processed Processed for limited purposes Adequate, relevant and not excessive Accurate Not kept for longer than necessary Processed in line with the data subjects rights Secure Not transferred to countries without adequate protection
Computer Misuse Act 1990
It is an offence under this act to gain unauthorised access to computer material.
The GMC states that when disclosing information about a patient, doctors must:
Use anonymised or coded information
Be satisfied that the patient has ready access to information that explains his or her personal information might be disclosed and that the patient has no objected to this
Get the patients expressed consent if identifiable information is to be disclosed for purposes other than their care or local clinical audit
Keep disclosures to the minimum
Keep up to date with all relevant legal requirements including the common law and data protection legislation
Terrorism Act 2000
All citizens must inform police as soon as possible of any information that may help prevent an act of terrorism or help in apprehending or prosecuting a terrorist
Road Traffic Act 1988
Health professionals must respond to requests from a a police officer about whether a patient could have been involved in road traffic offence
Disclosure in court
In scotland, there may be limited disclosure of information to both the crown and the defence , without the express consent from the patient in a forthcoming trial.
