Confidentiality Flashcards
Where can guidance on confidentiality be found?
GMC Confidentiality
Department of Health NHS Code of Practice
What is confidentiality?
A duty of confidence arises when one person discloses information to another in circumstances where it is reasonable to expect the information will be held in confidence
= requires not sharing personal information if expected not to
What laws cover confidentiality?
Common Law of Confidentiality
Data Protection Act 2018
Human Rights Act 1998
Administrative Law
Why is confidentiality important?
Trust is essential part of a good Dr-patient relationship
Patients may delay seeking help or limit information shared
Expectation of confidentiality
What ethical concepts underpin confidentiality?
Autonomy
Privacy
Identity
Promise keeping/trust
How does confidentiality benefit patients?
Encourages them to seek medical treatment
Good for individuals and for society
Confidential medical service in public interest
In which 3 scenarios can personal information be disclosed?
If the patient consents
If it’s required by law
If it’s justified in the public interest
Why might personal information be disclosed with consent?
For the purposes of patients healthcare
Clinical audit
Employers
Insurers
Why might personal information disclosure be required by law?
Notification of cases of certain infectious diseases
At request of certain regulatory bodies
If ordered by a judge
Why might personal information disclosure be required by the public interest? Does this always require consent?
Gunshot/knife wounds
DVLA
Education
Research
Justified without consent if the benefits to society outweigh the patients interest in keeping the information confidential
Why is it important to obtain consent to disclose information?
Respects patient autonomy
What’s the process of drivers and the DVLA
DVLA have legal responsibility for deciding whether someone is medically unfit to drive
Driver is legally responsible for informing DVLA about condition/treatment
Dr should explain legal duty to patient and persuade not to drive if patient won’t listen - in this scenario Dr can contact DVLA but must notify patient
What happens with an HIV patient who refuses to share diagnosis with partner?
Patient should be encouraged to share - if no risk of infection then autonomy is respected
If partner is at risk of infection then Dr may disclose diagnosis without consent, but must notify patient both before and after
