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GPC Legal Characteristics of Medical Confidentiality
BMA Confidentiality and Disclosure of Health Information
Patient Confidentiality
With thanks to Dr. Ross J Anderson Computer Laboratory University of Cambridge
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Doctors and other clinical professionals are worried that making personal health information more
widely available endangers patient confidentiality.
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The Hippocratic oath incorporated the principle of medical confidentiality into doctors'
professional ethics. A modern statement can be found in the booklet 'Good Medical Practice' [GMC1]
issued by the General Medical Council:
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Patients have a right to expect that you will not pass on any personal information which you
learn in the course of your professional duties, unless they agree.
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This is expanded in the
GMC Ethical Guidance ( Section 4 - Disclosure of information other than for
treatment of the individual patient ) which stipulates that doctors
who record or who are the custodians of confidential information must ensure
that it is effectively protected against improper disclosure.
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The ethical principle, as stated by both the GMC and the EU, is that the patient must
consent to data sharing. Confidentiality is the privilege of the patient, so only he way
waive it, and the consent must be informed, voluntary and competent.
For example, patients must be made aware that information may be shared between
members of a care team, such as a general practice or a hospital department.
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A number of exceptions to this rule exist in practice, and include both statutory
requirements and exemptions claimed on pragmatic grounds; the notification of abortions,
births, some deaths, certain diseases, adverse drug reactions, non-accidental injuries,
fitness to drive and disclosure to lawyers in the course of a dispute.
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