Confidentiality: Law

Question 1

What is the current law around confidentiality

Answer 1

Information gleaned by a HCP should not be divulged to others unless

• consent is gained
• it is required by law
• it is in wider public interest

Question 2

What is implied consent by presence

Answer 2

We imply that the patient consents to us telling the MDT about their condition, through them being in hospital and realising that other people will be looking after them too

Question 3

When do relatives have the right to confidential information

Answer 3

Parents of children who are not Gillick competent

NOK of patients who lack competence

Question 4

What statutes require a breach

Answer 4

Notification of death
Notification of termination to Chief Medical Officer
-biological father has no rights over unborn child
Treatment of drug addict with specified drugs
Notifiable Infectious disease

Question 5

In what situations can you breach confidentiality to the police

Answer 5

Under warrant from a circuit judge
IDENTIFYING drivers suspected of offences - 1988 Road Traffic Act
All matters with suspected terrorist patients

Question 6

What would you need to consider when breaching confidentiality due to wider public interest

Answer 6

Must balance duty to patient with duty to society

• only share necessary information with the necessary people
• inform the patient that you will inform the necessary people if they refuse to themselves

May be challenged, must be able to justify action or inaction

DVLA and driving harms

Question 7

Confidentiality and children

-how does the child’s age affect your approach

Answer 7

16+ => presumed competent

• disclosure should only be made with their consent
• confidentiality can be lawfully breached if in child’s best interests up to the age of 18