Medical guidelines for protecting patient information and legal responsibilities
Trust is an essential part of the doctor-patient relationship and confidentiality is central to this. 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.
Doctors are under both ethical and legal duties to protect patients' personal information from improper disclosure. But appropriate information sharing is essential for providing safe and effective care.
Patients may be put at risk if those providing their care do not have access to relevant, accurate and up-to-date information about them.
Healthcare professionals must balance the duty of confidentiality with the need to share information for direct care purposes and when required by law.
The General Medical Council provides clear principles to guide healthcare professionals in managing patient information responsibly and lawfully.
Confidentiality is an important ethical and legal duty but it is not absolute. You may disclose personal information without breaching duties of confidentiality when any of the following circumstances applies:
When disclosing information about a patient you must:
Many improper disclosures of patient information are unintentional. Conversations in reception areas, at a patient's bedside and in public places may be overheard. Notes and records may be seen by other patients, unauthorised staff, or the public if they are not managed securely.
Make sure any personal information about patients that you hold or control is effectively protected at all times against improper access, disclosure or loss. Do not leave patients' records unattended and do not share passwords.
Do not access a patient's personal information unless you have a legitimate reason to view it. Access should be limited to those directly involved in patient care.
Do not share personal information about patients where you can be overheard, for example in a public place or in an internet chat forum. Minimize breaches of confidentiality as much as possible.
Information acquired by doctors in their professional capacity will generally be confidential under the common law. This duty is derived from court judgments establishing that information given or obtained in confidence should not be used or disclosed further except in certain circumstances.
Permitted disclosures: patient consent, required by law, or justified in the public interest.
The General Data Protection Regulation (GDPR), supplemented by the Data Protection Act 2018, regulates the processing of personal data about living individuals in the UK.
Key authority: Information Commissioner's Office (ICO) - www.ico.org.uk
Personal data definition: any information relating to an identified or identifiable natural person.
Personal data must be:
Incorporates the European Convention on Human Rights (ECHR) into UK law. Article 8 protects a person's right to respect for their private and family life.
Balance test: Any interference with privacy must be necessary and proportionate, balancing individual rights against public interests.
The Freedom of Information Act 2000 (England, Northern Ireland and Wales) and Freedom of Information (Scotland) Act 2002 give public access to information held by public authorities.
Note: These acts do not provide access to personal information like health records, which are covered by data protection laws.
Healthcare professionals must be aware that even if a disclosure is permitted under common law, it must still satisfy the requirements of data protection law. The legal frameworks work together to protect patient information while allowing necessary sharing for care and other legitimate purposes.