Confidentiality and the Law

Question 1

Where is the only statutory footing for confidentiality in law?

Answer 1

Data Protection Act

Question 2

Give an example of “implied consent”

Answer 2

The MDT

Question 3

What is “express consent”?

Answer 3

Opposite of implied consent - when you are unsure about the nature of info you are disclosing/ form of disclosure/ whom you are disclosing to

Question 4

What rights do relatives have to information?

Answer 4

None

Question 5

When is a breach of confidentiality required by law? (6)

Answer 5

Notification of death
Notification of termination
Treatment of drug addiction with specified drugs
Notifiable infectious disease
Assisting police
Wider public interest

Question 6

Recall the 3 situations in which you must breach confidentiality to aid the police

Answer 6

1. Under WARRANT from a circuit judge
2. To aid in IDENTIFICATION of drivers suspected of offences
3. To aid police in all matters regarding potential terrorism

Question 7

What information are you required to give police in driving offences?

Answer 7

Aid for identification

Do NOT have to give evidence of alcohol/ drug use

Question 8

Give 2 examples of when breaching confidentiality is required by the obligation to uphold wider public interests

Answer 8

Informing police about a patient who may commit a serious violent offence
Informing police of a driver who is continuing to drive during serious illness