• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Privacy policy:
The Lodsworth Clinic

 Confidentiality; Guidance Notes and Background Information

This policy should be read in conjunction with Medical Records Policy and Privacy policy (GDPR)

A duty of confidentiality arises when one person discloses information to another in circumstances where it is reasonable to expect that the information will be held in confidence. This duty of confidence is derived from:

Common law – the decisions of the Courts

Statute law which is passed by Parliament

Legislation

All staff must be aware of the following legislation and understand their responsibilities relating to confidentiality:

The General Data Protection Regulations 2018

This Act governs the processing of information that identifies living individuals. Processing includes holding, obtaining, recording, using and of information and the Act applies to all forms of media, including paper and electronic.

The Mental Capacity Act (2005)

This a legal framework to empower and protect people who may lack capacity to make some decisions for themselves. The assessor of an "individual’s capacity to make a decision will usually be the person who is directly concerned with the individual at the time the decision needs to be made" this means that different health care workers will be involved in different capacity decisions at different times.

The Freedom of Information Act 2000 and Freedom of Information (Scotland) Act 2002

These Acts grant people rights of access to information that is not covered by the General Data Protection Regulations 201, e.g. information which does not contain a person’s identifiable details.

The Computer Misuse Act 1990

This Act secures computer programs and data against unauthorized access or alteration. Authorized users have permission to use certain programs and data. If the users go beyond what is permitted, this is a criminal offence.

Disclosure

Disclosure means the giving of information. Disclosure is only lawful and ethical if the individual has given consent to the information being passed on. Such consent must be freely and fully given. to disclosure of confidential information may be:

Explicit

Implied

Required by law or

Capable of justification by reason of the public interest

Disclosure with Consent

Patients have a right to access their own medical records and receive copies of them, subject to certain safeguards. fees cannot be charged.

Explicit consent is obtained when the person in the care of a clinician agrees to disclosure having been informed of the reason for that disclosure and with whom the may or will be shared. Explicit consent can be written or spoken. Implied consent is obtained when it is assumed that the person understands that their information may be shared within the clinical team. Clinicians should make the people in their care aware of this routine sharing of information, and clearly record any objections. 

Disclosure without Consent

The term