Confidentiality Flashcards
What is the dictionary definition of “confidentiality”?
The state of keeping or being kept secret or private
What was the purpose of the Hippocratic Oath?
Described the basic ethics of medical practice and laid down a moral code of conduct for doctors
What are the 4 domains of “Good Medical Practice”?
Knowledge, skills and performance
Safety and quality
Communication, partnership and teamwork
Maintaining trust
How does confidentiality affect the doctor-patient relationship?
Trust is key
Patients may avoid seeking medical help, or may under-report symptoms, if they think their personal information will be disclosed by doctors without consent, or without the chance to have some control over the timing or amount of information shared.
Does breach of confidentiality count as breach of contract?
Yes
Based on law of contract and equity
If patient can demonstrate that they have suffered harm in the civil courts then reparative damages will be awarded against the doctor
How does the GDPR define personal data?
Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
What 6 data protection principles are the GDPR based around?
Personal data must be:
Processed lawfully, fairly and in a transparent manner
Processed for specified, explicit and legitimate purposes and not in any manner incompatible with those purposes
Adequate, relevant and limited to what is necessary in relation to purposes
Accurate and up to date
Not kept for longer than is necessary
Secure
The GMC guidance “Confidentiality” is underpinned by what eight principles?
Use minimum necessary personal info Manage and protect info Be aware of your responsibilities Comply with the law Share relevant info for direct care Ask for explicit consent Tell patients Support patient access to info
For special category data (most likely all patient health info) at least one article 9 criteria must be met. List some of the criteria listed in article 9
The data subject has given explicit consent
The processing is necessary to protect the vital interests of the data subject or another person in a case where the data subject is physically or legally incapable of giving consent
Necessary for reasons of substantial public interest
Necessary for reasons of public interest in the area of public health
Necessary for archiving purposes in the public interest
scientific or historical or statistical research purposes
What are some situations where confidentiality can be breached?
With consent
Sharing with other medical professionals in the interest of the patient
Protection of other persons
Child abuse
In the public interest (terrorism, murder, rape)
In the doctor’s own defence
Prevention/detection/prosecution of serious crime (Statutory requirements)
When directed to by a court of law
What is the role of a data protection officer?
Statutory function under the General Data Protection Regulation to monitor a data controller’s compliance with the GDPR
What is the role of a caldicott or data guardian?
Senior people in the NHS, local authority social care services, and partner organisations, who are responsible for protecting the confidentiality of patient information and enabling appropriate information sharing
