Guidance on confidentiality Flashcards
(22 cards)
Do the Principles of confidentiality apply after death?
yes
What is the name of the legislation in regards to data protection that pharmacy professionals must keep up to date and comply with
UK domestic data protection legislation:
General Data protection
Human Rights Act
What does the UK domestic data protection legislation cover?
Personal information including data about the physical or mental condition of a person
How does the HRA contribute to patient confidentiality?
Gives individuals the right to respect for their private life.
Why is it important to maintain confidentiality?
Important part of a pharmacy professional with a patient
Patient may be reluctant to ask for advice or give the professional the information they need to provide proper care
It can damage publics trust in professional and other HCPs.
DUTY OF CONFIDENTIALITY
What confidentiality duty do pharmacy professionals have to follow ?
Have a professional and legal duty to keep confidential the information they obtain during the course of their professional practice.
DUTY OF CONFIDENTIALITY
What does this apply to?
This duty applies to information about any PERSON, whatever their AGE and continues to apply after death.
It applies to ALL information that pharmacy professionals obtain during their course of their professional practice.
DUTY OF CONFIDENTIALITY
When does this arise?
when one person discloses information to another in circumstances where it is reasonable to expect that the information will be held in confidence.
DUTY OF CONFIDENTIALITY
What are examples of confidential information?
Electronic and hard copy data
Personal details
Information about persons medication
Other info about a persons medical history, treatment or care that could identify them
Information that people share that is not strictly medical in nature but that the person disclosing it would expect it be kept confidential.
DUTY OF CONFIDENTIALITY
What does confidential information NOT include
Anonymous information- info from which individuals cannot be identified
Pseudonymised info- info from which individual cannot be reasonably identified, but which allows info about different people receiving care to be distinguished.
information that is already legitimately in the public domain.
PROTECTING INFORMATION
How can pharmacy professionals take steps to protect confidential information given?
Take all reasonable steps to protect the confidentiality and security of information they receive, access, store, send or destroy, including protection against unauthorised or unlawful processing and against intrusion, destruction and damage.
Steps to ensure when processing personal data, it accurate and where necessary kept up to date.
steps to prevent accidental disclosure of information- not leaving confidential info where it may be seen or accessed by anyone who should not access it
Access confidential information records only as part of providing treatment and care of person
Ensure that everyone they work with know about their responsibility to maintain confidentiality
Raise concerns for person responsible for data control where they work or with any other appropriate authority.
Store hard copy and electronic documents and all sources of confidential info securely for reasonable amount of time.
Not discuss information that can identify people, if it can be overheard or seen by others not involved in their care.
Not disclose information on any social medias, websites, forums that can identify the person.
DISCLOSING CONFIDENTIAL INFORMATION
What circumstances may it be appropriate for a pharmacy professional to disclose confidential information?
If they have the consent of the person under their care
Had to disclose it by law
Should do so in the public interest
Must do so in the vital interest of a person receiving treatment or care e.g, if patient needs immediate urgent medical attention.
PROTECTING INFORMATION
What would occur if a capable patient refuses to disclose information to HCP treating them?
It may mean the care they are provided with is limited.
The decision must be respected, but the patient must be aware of the impact it could have on their health
PROTECTING INFORMATION
What should a pharmacy professional do if they DO decide to disclose confidential information about a person?
Pseudonymes information it make it anonymous if they do not need to identify the patient receiving care
Get the persons consent to share their information
Disclose only the information needed for that particular purpose
Ensure if they disclose the information the people who receive it are aware of it is confidential and treat it as such.
Make appropriate records
Be prepared to justify the decisions and any actions they take
Release the information promptly once they are satisfied what info should be disclosed and have taken all necessary steps to protect confidentiality.
Retain a copy of the disclosure made
PROTECTING INFORMATION
When do pharmacists not need to gain consent to share a persons information?
Disclosure is required by law
Disclosure can be justified in the publics interest
Doing so would be impracticable and would put the pharmacy professional or others at risk of serious harm or would prejudice the purpose for disclosure e.g to prevent a crime.
PROTECTING INFORMATION
When a pharmacist decides to disclose confidential information; what should records show
Who the request came from
Whether they obtained the consent of the person under their care or their reasons for NOT doing so
Whether consent was given or refused
What information they disclosed
How it was ensured the disclosure was made securely
What the lawful authority or provision was under which the request and/or disclosure was made
DISCLOSING INFORMATION W/CONSENT
If disclosure is to be made with consent, what must the person know and understand?
What information will be disclosed
Why information will be disclosed
Who it will be disclosed to
The likely consequences of disclosing and of not disclosing the information
DISCLOSING INFORMATION WITHOUT CONSENT
What should pharmacists do before disclosing information without consent?
Be satisfied that the law says they have to disclose the information or that it can be justified as being in the public interest and also meets requirements of data protection legislation.
Ask for clarification from person making he request if they are unsure about the basis for the request
Ask for the request in writing
DISCLOSURES REQUIRE BY LAW
When is disclosure required by law?
Give examples
When a person or body is using their powers under the law to ask for information
EXAMPLES:
The police or another enforcement prosecuting or regulatory authority
A healthcare regulator such as the GPhC or the GMC
An NHS counter-fraud investigation officer
A coroner, procurator fiscal, judge, or relevant court which orders that the information should be disclosed.
DISCLOSURES REQUIRED BY LAW
Do those authorised to acquire information under the law have automatic access to information?
No,pharmacy professionals must be satisfied that they have a legitimate reason for requesting the information.
DISCLOSURES MADE IN THE PUBLIC INTEREST
When can information be disclosed in the publics interest?
If the information is needed to prevent:
A serious crime
Serious harm to a person receiving care or to a third party
A serious risk to public health
DISCLOSURES MADE IN THE PUBLIC INTEREST
How should pharmacy professionals decide to make make the decision?
They must:
Carefully balance the competing interests of maintaining the confidentiality of the info and the public interests benefits
The possible harm that may be caused by NOT disclosing the info against potential consequences OF disclosing the information.
Satisfied that the disclosure would comply with the requirements of data protection law
if needed get advice from a relevant body.
