medical privacy

Question 1

why is confidentiality important

Answer 1

confidentiality ensures trust in D’s however a degree of information sharing is required to ensure D’s can operate effectively

Question 2

saeger

Answer 2

confidentiality is based on the equitable duty of good faith

Question 3

coco v Clark

Answer 3

breach of confidentiality occurs when (1) the informaton is of a confidential nature (2) the circumstances impose an obligation of confidentiality and (3) Information was or was threatened to be used without P’s consent

Question 3

what are the elements of a breach of confidentiality

Answer 3

information requires confidentiality

Question 4

AG v Guardian Newspapper

Answer 4

duty of confidentiality arrises when confidential information arising out of a relationship that imposes obligations of disclosure, the public generally can expect to have their medical records kept confidential as part of their right to privacy but sometimes a public interest can outweigh this

Question 5

ashworth v MGN

Answer 5

someone being famous doesn’t mean that they are owed a lesser degree of confidentiality for inherently private medical information and the P’s ECHR art 8, right to privacy, is not undermined in favour of the publics right to freedom of information under ECHR art 10 in these circumstances

Question 6

Szuluk

Answer 6

Prisoners are still owed confidentiality

Question 7

Hunter v Mann

Answer 7

information obtained by D in a professional capacity does not have to be disclosed to the Police

Question 8

Campbell v MGM

Answer 8

due to the nature of narcotics anonymous, capturing photos of P entering was although not a breach of confidentiality as the information didn’t arrise out of a relationship that imposes a duty of confidentiality, it was an encroachment on the ECHR art 8, misuse of provate information

enchroaded more on ECHR art 8, right to privacy than it enchroached on the ECHR art 10, right to freedom of information

Question 9

HRA 1998

Answer 9

human rights act

Question 10

HRA1998 s3

Answer 10

state legislation should comply as best as possible with the ECHR

Question 11

HRA s6

Answer 11

unlawful for public authorities to act on contravention of the ECHR

Question 12

GMC para 29

Answer 12

surprise test - if P would be surprised to know the information had been shared, then it should not be shared without their consent

Question 13

GMC para 13-15

Answer 13

explicit and implicit consent to information sharing

Question 14

GMC para 41-49

Answer 14

if P has lost capacity information sharing can be done in P’s best interest

Question 15

GMC para 22-23

Answer 15

public interest exception - disclosure is justified for the public interest when (a) theres a real risk of P causing harm (b) someone has a legitimate interest in receiving the information (c) there is an overwhelming public interest (d) its to prevent a crime (e) theres a risk of death or serious harm

Question 16

when does public interest outweighs privacy and confidentiality obligations (5 things)

Answer 16

risk of P causing harm
someone has legitimate interest
overwhelming public interest
prevention or detection of crimes
risk of death or serious harm

Question 17

W v Egdell 1990

Answer 17

D owed a duty of confidentiality to P but this was outweighed in the public interest in disclosure for safety

Question 18

female genital mutilation act 2003

Answer 18

D has to inform police if a woman under 18 has genital mutilation

Question 19

health protection (notification) regulation 2010

Answer 19

D must notify authorities if they have reasonable grounds to believe P has a notifiable disease or infection that poses a significant harm to human health

Question 20

GMC para 17-19

Answer 20

legally required disclosure replaces the common law duty of confidentiality

Question 21

what are the different remedy for wrongful disclosure of private information (4 remedies)

Answer 21

injunction
damages
complaint
fines and compenstion

Question 22

venables

Answer 22

injunction to prevent the disclosure of information about a youth involved in a murder

Question 23

Mosley [2008]

Answer 23

damages for distress, loss of dignity and infringement on ECHR art 8, right to privacy, when information about P hiring sex workers was published without his consent

Question 24

who are complaints re breach of confidentiality and privacy made to

Answer 24

GMC

Question 25

DPA s13

Answer 25

compensation available for material and non-material damage from breach of confidentiality or privacy

Question 26

GDPR art 82

Answer 26

compensation available for material and non-material damage from breach of confidentiality or privacy

Question 27

DPA

Answer 27

data protection act

Question 28

GDRP

Answer 28

general data protection regulation

Question 29

GMC para 134-138

Answer 29

duty of confidentiality extents after death

Question 30

BMA

Answer 30

British medical association

Question 31

BMA confidentiality toolkit 2009 para 49

Answer 31

obligations of confidentiality to deceased P’s should be balanced with justice and living P’s considerations

Question 32

GMC para 9

Answer 32

duty of confidentiality isnt absolute and can be overruled for a public interest in or legal requirement for disclosure

Question 33

douglass v Hello 2001

Answer 33

privacy - someones decision over what is done with their private information
confidentiality - protection of information arising our of relationships of confidentiality

Question 34

douglass v hello 2007

Answer 34

privacy and confidentiality are 2 distinct courses of law

Question 35

what is the difference between privacy and confidentiality

Answer 35

privacy is your personal information that is your right to keep to yourself while confidentiality is information arising in its nature or out of the relationship to be confidential