Ethics 5

Question 1

What are the types of confidential information?

Answer 1

Personal information
Government information
Commercial information
Medical information

Question 2

How is confidential information protected ?

Answer 2

Disclosure of medical information is subject to the protection of an action for breach of confidence

Question 3

What criteria would call for an action for breach of confidence?

Answer 3

• It has the necessary characterful of confidence
• Has been shared in circumstances implying an obligation of confidence (e.g medical practitioner-patient consultation)
• It has been disclosed in an unauthorised manner by the medical practitioner to the detriment of the patient

Question 4

What is the defence of public interest to action for breach of confidence? (When can you break confidentiality?)

Answer 4

• Disclosure of information is justified on the basis of safeguarding the general public
• to predict danger and protect society
• to minimise a threat to a specified individual (e.g suicide)
• to notify a third party of potential infection (e.g HIV/AIDS)

Question 5

What is the human rights act 1998 article 8?

Answer 5

The article 8 right ref lefts the common law duty of confidentiality in that patient information should only be disclosed with the patients consent. If information is inappropriately disclosed the individual can take legal action for breach against the public body concerned

Question 6

What is a medical record?

Answer 6

A medical record consists of information relating to the physical or mental health or condition of an individual made by a medical practitioner in connection with the clinical care of that individual. This can be in electronic or manual form, as well as being factual or based on opinion

Question 7

What is the guidance on maintaining a medical record?

Answer 7

• Clear , accurate, factual, legible
• Include all clinical findings, treatment decisions and clinical information given to the patient
• No personal views or derogatory remarks
• Facilitate patient access to medical records
• Don’t change or amend medical records unless to correct or remove misleading or inaccurate clinical information

Question 8

When could access to medical records be denied?

Answer 8

• Likely to cause serious physical or mental harm to the patient or third party
• Protect clinical confidentiality of a third party or legal professional privilege
• Restricted by law or order of the courts e.g adoption records

Question 9

What is the statutory right to request access information held by public authorities?

Answer 9

The freedom of information act 2000 provides public access to information held by public authorities.

Question 10

What are the exceptions to the statutory right to request access information held by public authorities?

Answer 10

• Published information
• National security, defence and international relations
• National economy
• Professional privilege
• Investigations and proceedings by public authorities & law enforcement