Confidentiality

Great and handy guide‘I really enjoyed this text and title. It is a very important topic that often causes people concern and worry as healthcare law and ethics can be a bit of a minefield. This was a much-needed and I am sure will be much-appreciated text in nursing and healthcare resources and will go well alongside the consent pocket guide.' Amazon reviewer

• Preface; About the author; Acknowledgements; Common terminology and key concepts; Main legislation and legal cases1 The importance of confidentiality1.1 A first thought1.2 Definition of confidentiality1.3 The importance of confidentiality 1.4 Ethics and confidentiality 1.5 The law and confidentiality1.6 Regulatory bodies and confidentiality1.6.1 Confidentiality in codes of conduct1.6.2 Regulated healthcare practitioner duty of confidentiality1.7 Employment and confidentiality1.8 A healthcare practitioner’s duties of confidentiality1.9 In summary: confidentiality’s importance2 Confidential information2.1 Determining if information can be confidential2.2 Common law principles of confidentiality2.3 Principle 1 – the quality of confidence2.4 Principle 2 – circumstances implying an obligation of confidence2.5 Principle 4 – not in the public domain2.6 Principle 5 – public interest to protect the information2.7 In summary: the healthcare practitioner and confidential information3 Sharing confidential information3.1 When information can be shared3.2 Patient consent for the sharing of information3.2.1 Brief review of consent3.2.2 When a patient consents to the sharing of their information3.3 Sharing information with patient consent3.4 Sharing information with the healthcare team3.5 Sharing information with other healthcare practitioners3.6 Information that can be shared under the principle of implied consent3.7 Confidentiality and patients who are incompetent3.8 Sharing information with relatives and next of kin3.9 Best interests3.10 Lasting Power of Attorney3.11 Anonymised information3.12 Confidentiality and the Data Protection Act3.13 In summary: sharing information without breaching confidentiality4 The obligation to disclose information4.1 When healthcare practitioners have to disclose information 4.2 Prioritising patient protection4.3 Public interest4.3.1 Statutory requirements4.3.2 Court order4.3.3 Police investigations and prevention or detection of crime4.3.4 Public health requirements4.3.5 The duty to warn4.4 Who you should disclose information to4.5 Information that can and should be disclosed4.6 In summary: sharing information when the patient does not consent5 Specific practical aspects of confidentiality5.1 Caldicott Guardians5.2 Patients under 185.2.1 Patients aged 16 and 175.2.2 Patients under 165.2.3 Parental responsibility and confidentiality5.3 Confidentiality after the death of a patient5.4 Disclosure of patient information for teaching, research and audit purposes5.5 Moving wards or hospital and the duty of confidentiality5.6 Options available to a patient around breach of confidentiality5.7 In summary: other considerations with the duty of confidentiality6 Best practice6.1 Accidental breach of confidentialityReferences; Useful resources