General Principle of Confidentiality

Question 1

common law obligation of confidentiality

Answer 1

• obligation to not willingly disclose information obtained in confidence without a persons consent
• practitioners who a required to disclose because of a search warrant, subpoena and other court order would not be breaching obligation because it is not by will
• nor complying with their mandatory reporting obligations under various statutes
  ex CFSA (child abuse) or health protection and promotion act (virulent diseases)

Question 2

when does obligation of confidentiality arise?

Answer 2

circumstances create a reasonable expectation for privacy

ex. it is assumed in all treatment/counselling pros

Question 3

what does the obligation apply to?

Answer 3

all info that patients provide in the course of treatment, whether the info relates to themselves or others
have obligation to confidentiality if they receive info from another health professional

Question 4

what about appointments?

Answer 4

disclose info about dental to a third party isnt as a big of an issue as it would be for a psychiatrist appt

Question 5

when should practitioners obtain consent

Answer 5

on the outset of their relationship and they should explain to them what it means because people believe it is an ironclad proof of silence

Question 6

what is obligation of confidentiality limited to?

Answer 6

statements/observations made within the context of treatment relationship
- unlike to arise in regard to conduct in public or statements made in presence of third parties