In Confidence Flashcards
4 principles’ arguments for confidentiality
- Non-maleficence = disclosure –> potential harm
- Autonomy = requires security, self-determination
- Beneficence = rare that breaching confidentiality would be in their interests
- Justice = fairness
NHS codes of practice duty of confidentiality
- Is a legal obligation
- Is a requirement within professional codes of conduct
- Must be included within NHS employment contracts
Utilitarian approach for confidentiality
Would be multiple + potentially severe ramifications for individual patients + society as a whole with a breach
Virtue ethicist approach for confidentiality
Would a good doctor breach confidentiality?
UK government principle of confidentiality
“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.”
Hunter v Mann, 1974 idea of doctor confidentiality
“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”
When can information be shared without patient consent for studies?
When it is anonymised that prevents the patient being able to be identified
What constitutes a legal breach of confidentiality?
- Information disclosed must have quality of confidentiality
- Information must have been gained in confidential circumstances
- Plaintiff must show there was unauthorised use of information
GMC guidance on where you can share personal information about a patient
- Within the healthcare team
- Purposes of audit
Situations where confidentiality can be set aside, but only with patients’ consent
- Research
- Publication (eg. photo in textbook)
- Teaching
- Third party requests (eg. insurance)
Situations where confidentiality can be breached without consent
- Disclosure required by law
- Disclosure in public interest
Possible justifications of disclosure in public interest
- Risk of serious crime
- Risk of serious communicable disease
When should you not notify a patient their information is being disclosed in public interest?
If it would be prejudicial to the reason you are breaching it (eg. preventing crime)
What is special category data?
Data that must be handled extra carefully under GDPR rules
What is a subject access request (SAR)?
Patient request to see their medical records
