Introduction

Confidentiality is respect for the patient’s privacy, and is the basis of the doctor-patient relationship. It is the protection of the patient’s personal and medical information against improper disclosure. Every patient has the right not to have any information disclosed to anyone without their consent. This may not apply in the most exceptional circumstances (please see below). The right of confidentiality owed to a person under the age of 16 is as great as the duty owed to any other person. It is the duty of every team member not to disclose anything learned from a patient who has attended, consulted or been treated, without that person's permission. All information about patients is confidential, from the most sensitive diagnosis to the fact of visiting the surgery, or being registered with the practice.

The medical and personal information you provide is kept both manually and on computer. All patient information is considered to be confidential and we comply fully with the Data Protection Act. Information may be shared, in confidence, with other NHS organisations, in the interests of patient care. The information may also be used to help us run and monitor the quality of our services. Anonymity is assured unless we have previously sought your permission.

You have the right to know what information we hold about you and the right to view your medical records, subject to any limitations in law. Information about accessing your medical records can be found in Access to Health Records.

All staff have access to your medical and personal details, which is required in relation to their roles, and have completed confidentiality agreements.

Our Responsibilities

• We must not, under any circumstances, disclose patient information to anyone outside the practice, except to other health professionals on a need-to-know basis, or where the patient has provided written consent
• Team members must not, under any circumstances, disclose other confidential information about the practice to anyone outside the practice unless with the express consent of the Practice Manager or Senior Partner
• Team members should limit any discussion about confidential information only to those who need to know within the practice
• Team members are aware of and conform to the requirements of the Caldicott recommendations
• All patients can expect that their personal information will not be disclosed without their permission (except in the most exceptional circumstances when disclosure is required, when somebody is at grave risk of serious harm)
• Electronic transfer of any confidential information, once approved by the Practice Manager or Senior Partner, must be transmitted via the NHS Net. Team members will take particular care that confidential information is not transmitted in error by e-mail or over the Internet
• Team workers are not permitted to take data from the practice’s computer systems (e.g. on a memory stick or removable drive) off the premises unless authorised to do so by the Practice Manager or Senior Partner
• Team members who suspect a breach of confidentiality have a duty to inform the Practice Manager or Senior Partner immediately
• Any breach of confidentiality will be considered as a serious disciplinary offence and may lead to dismissal
• Team members remain bound by the requirements of our policy for confidentiality; to keep information confidential even if they are no longer employed at the practice. Any breach or suspected breach of confidentiality after the worker has left the practice’s employment will be passed to the practice’s lawyers for action

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If Disclosure is Necessary

There are some circumstances in which the doctor is able to release information about a patient without their consent. These include:

• The notification of infectious diseases to the Environmental Health Officer
• To the coroner when signing a death certificate
• When the doctor is required to do so by the court

In these circumstances, where there is a statutory or ethical obligation to disclose information to others (such as public health issues) and do not require your consent, you may be consulted about these in advance.

In addition, if a patient or another person is at grave risk of serious harm, which the disclosure to an appropriate person would prevent, the GP can take advice from colleagues within the practice or from a professional defence body. This will help them to decide whether disclosure without consent is justified to protect the patient or another person. If a decision is taken to disclose information, the patient should always be informed before disclosure is made, unless doing so could be dangerous. If possible, any such decisions should be shared with another member of the practice team. Any decision to disclose information to protect health, safety or well being will be based on the degree of current or potential harm, not the age of the patient.

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