Medical confidentiality

Question 1

What is confidentiality?

Answer 1

Ethical and legal safeguard of medical practitioner-patient relationship

Question 2

The 4 basic elements to the legal definition of confidential information

Answer 2

1. Disclosure of information would cause injury to owner of info
2. Owner must believe info is confidential/secret
3. Owner’s belief must be reasonable in the circumstances
4. Info must be viewed in context of normal medical practice

Question 3

The 3 categories of confidential information

Answer 3

1. Personal info
2. Commercial info
3. Government info

Question 4

3 requirements for legal action for breach of confidence

Answer 4

1. Info must be confidential in nature
2. Info must have been exchanged in circumstances of obligation of confidence
3. info must be the subject of unauthorised use to the detriment of the individual who info concerns or who communicates it

Question 5

Defence of public- what must third party prove against med practitioner?

Answer 5

1. Presence of potential serious harm to 3rd party
2. Prescence of serious likelihood of harm occurring
3. Third party must be known to med practitioner
4. Med pract was in position to notify 3rd party
   - Med pract must refrain disclosing info to 3rd party unless patient has given consent and following exceptions….

Question 6

GDPR and Data protection act 2018- Data subject and data controller
What is data subjected entitled to having access to?

Answer 6

• Have ready access to their personal info
• who has access to it and why
• Option to restrict 3rd party access
• Right to complain info processing and how to make a complaint

Question 7

MP must still keep info confidential for deceased patient but you can disclose info of deceased patient when….

Answer 7

1. Legal requirement e.g criminal investigation
2. Death certificate
3. Rights of access request

Question 8

The 6 data protection principles of GDPR

Answer 8

Patient’s personal info must:

1. Be accurate and kept up to date
2. Be secure
3. Not be kept for longer than necessary
4. Adequate, relevant and limited to what’s necessary
5. processed lawfully, fairly and in transparent manner
6. be processed for specified, explicit and legitimate purposes

Question 9

Defence of public interest to an action for breach of confidence when?

Answer 9

• National security
• Public safety
• Economic well-being of country
• Prevention of crime
• protection of public health
  protection of rights and freedom of other citizens