medical privacy Flashcards
why is confidentiality important
confidentiality ensures trust in D’s however a degree of information sharing is required to ensure D’s can operate effectively
saeger
confidentiality is based on the equitable duty of good faith
coco v Clark
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
what are the elements of a breach of confidentiality
information requires confidentiality
AG v Guardian Newspapper
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
ashworth v MGN
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
Szuluk
Prisoners are still owed confidentiality
Hunter v Mann
information obtained by D in a professional capacity does not have to be disclosed to the Police
Campbell v MGM
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
HRA 1998
human rights act
HRA1998 s3
state legislation should comply as best as possible with the ECHR
HRA s6
unlawful for public authorities to act on contravention of the ECHR
GMC para 29
surprise test - if P would be surprised to know the information had been shared, then it should not be shared without their consent
GMC para 13-15
explicit and implicit consent to information sharing
GMC para 41-49
if P has lost capacity information sharing can be done in P’s best interest
GMC para 22-23
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
when does public interest outweighs privacy and confidentiality obligations (5 things)
risk of P causing harm
someone has legitimate interest
overwhelming public interest
prevention or detection of crimes
risk of death or serious harm
W v Egdell 1990
D owed a duty of confidentiality to P but this was outweighed in the public interest in disclosure for safety
female genital mutilation act 2003
D has to inform police if a woman under 18 has genital mutilation
health protection (notification) regulation 2010
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
GMC para 17-19
legally required disclosure replaces the common law duty of confidentiality
what are the different remedy for wrongful disclosure of private information (4 remedies)
injunction
damages
complaint
fines and compenstion
venables
injunction to prevent the disclosure of information about a youth involved in a murder
Mosley [2008]
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
who are complaints re breach of confidentiality and privacy made to
GMC
DPA s13
compensation available for material and non-material damage from breach of confidentiality or privacy
GDPR art 82
compensation available for material and non-material damage from breach of confidentiality or privacy
DPA
data protection act
GDRP
general data protection regulation
GMC para 134-138
duty of confidentiality extents after death
BMA
British medical association
BMA confidentiality toolkit 2009 para 49
obligations of confidentiality to deceased P’s should be balanced with justice and living P’s considerations
GMC para 9
duty of confidentiality isnt absolute and can be overruled for a public interest in or legal requirement for disclosure
douglass v Hello 2001
privacy - someones decision over what is done with their private information
confidentiality - protection of information arising our of relationships of confidentiality
douglass v hello 2007
privacy and confidentiality are 2 distinct courses of law
what is the difference between privacy and confidentiality
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
