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There is a premium placed on the maintenance of our privacy and confidentiality as individuals in society. For a productive and functional doctor–patient relationship, there needs to be a belief that details divulged in confidence to the doctor will be kept confidential and not disclosed to the wider public. However, where the information disclosed to the doctor could have implications for the safety of the wider public, for example disclosures with potential criminal implications, or have serious consequences for another individual, as is the case in genetic medicine, should doctors feel confident about breaching confidentiality? This essay firstly explores the legal rulings regarding cases in which confidentiality has been breached where there was risk of significant harm to others following the patient’s disclosure, and secondly, focusing on the evolving legal position with regard to confidentiality in contexts where information sharing would be beneficial to others, for example the evolving case of the implications of genetic diagnosis on families (eg, ABC v St George’s Healthcare NHS Trust; 2017).. To read the full article, log in using your NHS OpenAthens details.
The new guidance will help NHS organisations and staff to make a judgement on how and when to use instant messaging safely in acute clinical settings, taking in to account data sharing and data privacy rules.
Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers the need for data security and a nurse's duty of confidentiality in relation to electronic records. To read the full article, log in using your MPFT NHS OpenAthens details.