Privacy and Confidentiality Flashcards
What is the difference between privacy, information privacy, and confidentiality?
Privacy - limited access to a person, their body, conversation, bodily functions, or objects directly associated with them
Information Privacy - the clients right to control how their personal health information is collected, used, and disclosed
Confidentiality - ethical and legal obligation to keep someones personal information secret/private
What is personal health information (PHI)?
- identifying info about an individual (collected orally or recorded)
- Identifying information: information that identifies an individual alone or combine with other information
- PHI is the most sensitive type of information
PHI includes information about an individuals’ health/ health care history in relation to their:
- physical or mental condition
- provision of health care
- long-term health services
health care provider - health card #
- blood//body part donation
What is a Custodian?
Organization that provides care within the health continuum and is responsive for practices/policies that ensure the confidentiality of personal health info (ie. hospital)
What is an Agent?
Any person authorized by a custodian to perform services in respect of personal health info on the custodians behalf and for the purpose of the custodian (ie. nurse)
What is PHIPA?
- act that governs clients right to privacy
- regulates the collection, use, and disclosure of personal health info
What is HIPA Bill 119?
- revised PHIPA act with changes to certain acts that were weaker (ie. Prosecution of behaviours)
- Strengthens PHIPA, does not replace it
- HIPA replaced PHIPA by amending it
- Bill 119 introduced mandatory reporting for breaches of privacy
Who is involved in the circle of care?
- members of the healthcare team involved in the care and treatment of the patient
- members of a clients circle can assume the client’s consent to collecting, using, and disclosing info (unless the client specifies otherwise)
Personal Health Information Practices?
1) Collecting only personal health information needed to plan care
2) Sharing information with the health care team
3) Maintaining confidentiality after the nurse-client relationship has ended
4) Not discussing client information with colleagues or in public places
5) Accessing information only for your clients (not accessing information with no professional purpose)
6) Safeguarding the security of stored information
7) Not sharing computer passwords
8) Not using standard email to send personal health information
9) Ensuring personal heath information is destroyed in a way that protects the confidentiality of that information
10) Notifying the contact person within a practice setting if a breach of confidentiality occurs
11) Ensure clients are aware of their rights concerning PHI and have consented to the collection, use and disclosure of information outside the healthcare team
12) Clients have the right to withhold or withdraw consent to disclose information
13) Respect the client’s right to see/obtain their health information, to see their health file and to request correction to the information
What are the 4 exceptions to disclosure without consent?
- Disclosure to others working in the healthcare system
- if unable to maintain consent from client in timely manner, and there is a need for care
- if misconducted is reported, and investigation will occur w/out consent
- Disclosure to public authorities
- to medical officer of health - communicable disease tracing
- workplace injuries - workplace safety and insurance board
- to medical officer of health - communicable disease tracing
- Disclosure to family
- for contacting family of a client who is incapacitated, injured, or ill and unable to consent
- Disclosure for legal reasons
- client info can be shared for a legal proceeding
What is a breach?
A breach occurs when a client’s personal health information is disclosed to a third party without their consent
- can be unintentional or deliberate
Examples of a breach?
- Sharing information with others not part of the healthcare team
- Accessing client records at the request of a health care provider not currently part of the client’s health care team
- Accessing client records of family or friends, when the nurse is not a member of their health care team
- Accessing your own personal health record
Consequences of Breaching Privacy and confidentiality for the NURSE?
- fine, or suspension
- revocation of certificate
- loss of employment
- investigation by info & privacy commissioner
- negative rep of healthcare professionals
- potential violation of provincial/federal legislation
Consequences of Breaching Privacy and confidentiality for the CLIENT?
- embarrassment
- increased stress
- negative impact on health and recovery
- barrier to development/maintenance of TNCR
Consequences of Breaching Privacy and confidentiality for a STUDENT NURSE?
- removal from practice setting
- investigation by:
- university private commissioner
- campus/local police
- agency legal department - failure of professional practice
- involuntary withdrawal from program
