Confidentiality

Question 1

What legal framework governs the disclosure of patient information?

Answer 1

• Common Law of Confidentiality
• Data Protection Act (1998)
• Human Rights Act (1998)
• Administrative Law

Question 2

What does the GMC say about confidentiality?

What can be the consequences of not maintaining confidentiality?

Answer 2

Confidentiality is essential for trust, which is an essential part of the doctor-patient relationship.

Patients may avoid seeking medical help, or may under-report symptoms, if they think their personal information will be disclosed by doctors without consent.

Question 3

What ethical concepts underpin confidentiality?

Answer 3

Autonomy (right to choose how personal information is used)

Privacy

Identity

Trust, promise keeping, honesty

Question 4

How does confidentiality benefit patients?

Answer 4

Encourages them to seek medical attention

Question 5

In which circumstances can confidentiality be broken?

Answer 5

If patient consents, e.g:

• For purpose of patient’s healthcare
• Clinical audit
• Government/insurers/employers

If required by law

Disclosures justified by public interest

Question 6

Give examples of when confidentiality can be broken in public interest

How should each one be dealt with?

Answer 6

• Gunshot and knife wounds:
  
  • ​Personal information should only be disclosed if necessary.
  • Police can be given personal information if they have a warrant or order from a judge.
• DVLA:
  
  • Patient should be informed of duty to inform DVLA and stop driving if required.
  • Every effort should be made to persuade pt to inform DVLA, if they refuse then Drs have a duty to inform DVLA. Pt should be informed.
• Serious communicable diseases:
  
  • People at risk of infection should be informed (e.g. sexual partners of people with HIV)

Question 7

Give examples of when confidentiality can be broken as required by law

Answer 7

• Notification of certain infectious diseases
• At request of regulatory bodies
• If ordered by a judge