HLCP (healthcare, law & professionalism) Flashcards
Data Protection Act 2018: seven principles
- Lawful, fair & transparent
- Purpose limitation
- Data minimisation
- Accuracy
- Storage limitation
- Integrity & confidentiality
- Accountability
Data Protection Act 2018: Principle 1; “lawful, fair & transparent”
Processed lawfully, fairly and in a transparent manner in relation to individuals.
Data Protection Act 2018: Principle 2; “purpose limitation”
Collected for specified, explicit and legitimate purposes
Data Protection Act 2018: Principle 3; “data minimisation”
Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
Data Protection Act 2018: Principle 4; “accuracy”
accurate and kept up to date
Data Protection Act 2018: Principle 5; “storage limitation”
Data limitation - kept in a form which allows identification of the individual, but not than is longer than necessary for the purpose.
Data Protection Act 2018: Principle 6; “Integrity & confidentiality”
Protected against accidental loss, destruction or damage, using appropriate technical or organisation measures.
Data Protection Act 2018: Principle 7; “Accountability”
Processed within an organisation by a controller who is responsible for and able to demonstrate compliance.
Data Protection Act 2018: Data Protection Officer (DPO)
Oversees an organisation’s data protection strategy and its implementation to ensure compliance with the Act.
Data Protection Act 2018: Information Commissioner’s Office (ICO)
An independent authority which upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
Data Protection Act 2018: Caldicott Guardian
Person responsible for protecting the confidentiality of people’s health and care information and making sure it is used properly - all NHS organisations must have one.
“only those who need to see the data, see the data”
Which GDC standard is most relevant to data protection?
Principle 4 “maintain and protect patients information”
Duty of confidentiality
When someone shares personal information in confidence it must not be disclosed without some form of legal authority or justification.
What is an important GDC standard regarding confidentiality?
Standard 4.2.1 “Confidentiality is central to the relationship and trust between you and your patients.
Confidentiality may be breached with the patient’s consent to…
Insurance companies, other healthcare professionals, parents etc
When is it your statutory duty to breach confidentiality?
To aid identification of a driver in a road traffic accident.
An officer of NHS Scotland or your NHS Board.
Identification of missing/deceased person.
When is breaching confidentiality in the public interest?
Where a patient puts their health and safety at serious risk, or if you think that you have confidential information which would help prevent or detect a serious crime.
Public health issues
Child protection/vulnerable adult
If you are breaching confidentiality, what should you aim to do…?
- Patient consent if possible - ideally in writing
- Release the minimum information necessary for the purpose
- Be prepared to justify your decisions/actions
- Seek advice if in doubt
What is GDC standard 3?
Obtain valid consent
Why is recording of a diagnosis so important?
Making the correct clinical diagnosis ( or
differential diagnosis) is essential to show that
the patient provided informed consent to any
subsequent treatment.
Autonomy
Every human being of adult years and sound mind has a right to determine what shall be done with their own body.
If an adult of sound mind does not consent, even if the decision is IRRATIONAL or DETRIMENTAL, or for NO REASON, this should be respected.
Three requirements for consent
- Competent - the ability to understand
- Knowledge - sufficient information needs to have been provided on the nature, consequences, benefits etc.
- Voluntary (without coercion) - the patient must freely agree to treatment.
What factors may affect competence?
Age, maturity, intoxication (drugs/alcohol), illness, innate or acquired cognitive impairment
The Adults with Incapacity (Scotland) Act 2000
• Any decision must benefit the person
• Any action should be the minimum necessary to achieve the purpose
• Account must be taken of present and past wishes of the person
• Account must be taken of the views of others with an interest in the persons welfare such as a primary carer, nearest relative, named person, attorney or guardian
• If capacity to consent is lost the dentist must seek the consent of the welfare attorney when it is practical and reasonable to do so