In Confidence Flashcards

1
Q

4 principles’ arguments for confidentiality

A
  • Non-maleficence = disclosure –> potential harm
  • Autonomy = requires security, self-determination
  • Beneficence = rare that breaching confidentiality would be in their interests
  • Justice = fairness
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2
Q

NHS codes of practice duty of confidentiality

A
  • Is a legal obligation
  • Is a requirement within professional codes of conduct
  • Must be included within NHS employment contracts
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3
Q

Utilitarian approach for confidentiality

A

Would be multiple + potentially severe ramifications for individual patients + society as a whole with a breach

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4
Q

Virtue ethicist approach for confidentiality

A

Would a good doctor breach confidentiality?

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5
Q

UK government principle of confidentiality

A

“If information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information prover’s consent. In practice, this means that all patients/client information, whether held on paper, computer, visually or audio recorded, or held in memory of the professional, must not normally be disclosed without the consent of the patient/client.”

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6
Q

Hunter v Mann, 1974 idea of doctor confidentiality

A

“The doctor is under a duty not to [voluntarily] disclose, without the consent of the patient, information which he, the doctor, has gained in his professional capacity”

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7
Q

When can information be shared without patient consent for studies?

A

When it is anonymised that prevents the patient being able to be identified

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8
Q

What constitutes a legal breach of confidentiality?

A
  • Information disclosed must have quality of confidentiality
  • Information must have been gained in confidential circumstances
  • Plaintiff must show there was unauthorised use of information
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9
Q

GMC guidance on where you can share personal information about a patient

A
  • Within the healthcare team
  • Purposes of audit
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10
Q

Situations where confidentiality can be set aside, but only with patients’ consent

A
  • Research
  • Publication (eg. photo in textbook)
  • Teaching
  • Third party requests (eg. insurance)
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11
Q

Situations where confidentiality can be breached without consent

A
  • Disclosure required by law
  • Disclosure in public interest
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12
Q

Possible justifications of disclosure in public interest

A
  • Risk of serious crime
  • Risk of serious communicable disease
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13
Q

When should you not notify a patient their information is being disclosed in public interest?

A

If it would be prejudicial to the reason you are breaching it (eg. preventing crime)

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14
Q

What is special category data?

A

Data that must be handled extra carefully under GDPR rules

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15
Q

What is a subject access request (SAR)?

A

Patient request to see their medical records

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16
Q

When can a subject access request be refused?

A
  • Unsure of identity of person
  • Would result in disclosure of third party information
  • Cause serious harm
  • Not in best interests
17
Q

What is a Caldicott guardian responsible for?

A

Safeguarding patient data within their given NHS trust

18
Q

Caldicott principles

A
  • Justify the purpose of using confidential info
  • Only use when absolutely necessary
  • Use minimum required
  • Access on strict need-to-know basis
  • Everyone must understand their responsibilites
  • Understand + comply with law