Confidentiality

Preface; About the author; Acknowledgements; Common terminology and key concepts; Main legislation and legal cases



1 The importance of confidentiality

1.1 A first thought

1.2 Definition of confidentiality

1.3 The importance of confidentiality

1.4 Ethics and confidentiality

1.5 The law and confidentiality

1.6 Regulatory bodies and confidentiality

 1.6.1 Confidentiality in codes of conduct

 1.6.2 Regulated healthcare practitioner duty of confidentiality

1.7 Employment and confidentiality

1.8 A healthcare practitioner’s duties of confidentiality

1.9 In summary: confidentiality’s importance



2 Confidential information

2.1 Determining if information can be confidential

2.2 Common law principles of confidentiality

2.3 Principle 1 – the quality of confidence

2.4 Principle 2 – circumstances implying an obligation of confidence

2.5 Principle 4 – not in the public domain

2.6 Principle 5 – public interest to protect the information

2.7 In summary: the healthcare practitioner and confidential information



3 Sharing confidential information

3.1 When information can be shared

3.2 Patient consent for the sharing of information

 3.2.1 Brief review of consent

 3.2.2 When a patient consents to the sharing of their information

3.3 Sharing information with patient consent

3.4 Sharing information with the healthcare team

3.5 Sharing information with other healthcare practitioners

3.6 Information that can be shared under the principle of implied consent

3.7 Confidentiality and patients who are incompetent

3.8 Sharing information with relatives and next of kin

3.9 Best interests

3.10 Lasting Power of Attorney

3.11 Anonymised information

3.12 Confidentiality and the Data Protection Act

3.13 In summary: sharing information without breaching confidentiality



4 The obligation to disclose information

4.1 When healthcare practitioners have to disclose information

4.2 Prioritising patient protection

4.3 Public interest

 4.3.1 Statutory requirements

 4.3.2 Court order

 4.3.3 Police investigations and prevention or detection of crime

 4.3.4 Public health requirements

 4.3.5 The duty to warn

4.4 Who you should disclose information to

4.5 Information that can and should be disclosed

4.6 In summary: sharing information when the patient does not consent



5 Specific practical aspects of confidentiality

5.1 Caldicott Guardians

5.2 Patients under 18

 5.2.1 Patients aged 16 and 17

 5.2.2 Patients under 16

 5.2.3 Parental responsibility and confidentiality

5.3 Confidentiality after the death of a patient

5.4 Disclosure of patient information for teaching, research and audit purposes

5.5 Moving wards or hospital and the duty of confidentiality

5.6 Options available to a patient around breach of confidentiality

5.7 In summary: other considerations with the duty of confidentiality



6 Best practice

6.1 Accidental breach of confidentiality



References; Useful resources