how to maintain patient confidentiality: nhs

Unable to load your collection due to an error, Unable to load your delegates due to an error. A guide to confidentiality in health and social care: Treating confidential information with respect. How to Maintain Patient Confidentiality in Healthcare Internet Explorer is now being phased out by Microsoft. This guidance gives you eight principles that you should apply to your practice. On one occasion, the doctor, whom the woman did not know and had never met, rang the victim, asked her name, gave her name and then hung up. 1. the purpose for which the data is being provided, which must support the provision of health and care services or the promotion of health, the security requirements for the organisation receiving the data. The woman was initially baffled how the medic had come by very personal information about her, her sister and her children that the doctor had then relayed to her ex-boyfriend in the early stages of his new relationship with the woman last July. The victim was left in fear, shock and horror when she learned that the doctor had used her hospitals medical records system to look at the womans GP records and read and share intimate details, known only to a few people, about her and her children. Read more about the type of data covered by the national data opt-out in the operational policy guidance document. You can change your cookie settings at any time. The woman said she was deeply frustrated that neither the police nor the information commissioner had taken any action after she complained that her right to privacy had been breached and that the doctor had broken data protection laws and also that CUH would not tell her what sanctions it had imposed. Competing interests: See www.bmj.com/about-bmj/freelance-contributors/david-oliver. An official website of the United States government. Visitors wanting updates sometimes approach clinical teams while they are talking. Patients relatives are increasingly emailing doctors for updates and answers to questions. As sad as it is, a person's reputation or standing in the community could be harmed if their medical conditions were shared publicly. Page last reviewed: 10 July 2019 In January the General Medical Council published its updated guidance on confidentiality and handling patient information.1 Its a comprehensive manual highlighting doctors duties, backed by ethical frameworks, relevant law, good practice, and regulatory standards for most scenarios.23. She had an unhealthy interest in us.. For more information about CAG see: www.hra.nhs.uk/about-us/committees-and-services/confidentiality-advisory-group/. You should make sure you're compliant with the latest guidance on anonymisation before you decide whether national data opt-outs need to be applied or not. However, in a meeting with the victim Dr John Firth, its deputy medical director, did acknowledge that her full GP records were available. Confidentiality Do's and Don'ts | NHS Counter Fraud Authority - CFA Any of the types of data could be confidential patient information under certain circumstances. PDF Protecting Patient confidentiality NHSScotland Code of Practice Confidentiality: NHS Code of Practice - GOV.UK Addenbrookes initially denied it was possible for its staff to access GP Connect through Epic. A Guide to Confidentiality in Health and Social Care - NHS Digital The following guide to confidentiality shows how to ensure this happens. Its normal to be jealous when your ex gets together with someone, but the doctors behaviour was upsetting.. Rule 2 Members of a care team should share confidential information when it is needed for the safe and effective care of an individual. Obligations for all staff. Once a security system is in place, risk management should audit the system to look for any flaws and identify any gaps in maintaining the integrity, confidentiality, and security of PHI. Internet Explorer is now being phased out by Microsoft. Confidentiality policy | Data Protection | NHS Counter Fraud Authority Information that is shared for the benefit of the community should be anonymised. CAG can give Section 251 approval (S251) for the use of confidential patient information without consent for a specific purpose by the HRA or the Secretary of State for Health and Social Care. NHS internet servers are not secure enough for sending confidential communication. Patient Confidentiality - StatPearls - NCBI Bookshelf Audits and Risk Assessment. Internet Explorer is now being phased out by Microsoft. Consent under CLDC does not need to meet the requirements for consent set out in the DPA. Care Quality Commission. David Oliver: Confidentiality on the wardsregulations and reality To help us improve GOV.UK, wed like to know more about your visit today. National Library of Medicine View our Twitter - (This will open in a new window). These principles must be observed by all who work within NHS England and have access to person-identifiable information or confidential information. Its an individual problem that the doctor did this. Understand if the data you plan to use or disclose is confidential patient information, and so is in scope of the national data opt-out policy. This makes protecting confidential information the starting point, if people and professionals are to feel confident about the security and appropriateness of information sharing. Accessibility The key points covered include: ways to address the duty of confidentiality. This includes consultation between providers regarding a patient, referring a patient, and information required by law for public health safety and reporting. HHS Vulnerability Disclosure, Help Moreover, bedside conversations can greatly benefit care and communication, but closed curtains arent soundproof. Introduction Foreword Health and social care is being transformed so that each individual can have greater control of their own care. This guidance covers data protection legislation and other protections for patient data. We expect it to become part of the DNA for all staff in residential homes, providing care at home, working in wards and in communities. Patient Confidentiality A guide for patients, their relatives and carers Some features on this site will not work. Last modified on Sun 14 May 2023 17.39 EDT. 2005 Mar-Apr;24(2):139-42. doi: 10.1097/00006416-200503000-00011. The victim assumed it was a deliberate ploy by the medic to show that she had gained personal information about her. Cambridge University hospitals NHS trust, which runs Addenbrookes, said it had disciplined the consultant but declined to specify what action it had taken. March 18, 2021 A breach of patient confidentiality occurs every 62.5 hours. Please enable it to take advantage of the complete set of features! A guide to confidentiality in health and social care - NHS Digital Then there is email. This file may not be suitable for users of assistive technology. Demographic information such as name and address would not normally be confidential patient information. PDF Confidentiality and Privacy of Personal Health Information - Nscn This article examines the circumstances in which dilemmas might arise between the need to maintain a patient's confidentiality and the need to disclose information. 6 So how can GPs and medical receptionists realistically check that callers are who they say they are? Choose if data from your health records is shared for research and planning. When breaching patient confidentiality and patient consent cannot be obtained, seek advice from senior colleagues or a medical defence union and document your reasons clearly . Clipboard, Search History, and several other advanced features are temporarily unavailable. Patient Confidentiality Protects the Patient and Others The reality is that some diseases and illnesses, such as sexually transmitted diseases and mental health illnesses, still have stigmas attached to them. Michelle Ellerbeck, its head of information governance, later emailed the woman to thank her for showing them that it could be done, in case this enquiry ever comes up again. The Guardian has chosen not to name either the victim or the doctor, who is a consultant at Addenbrookes hospital in Cambridge. Bedside conversations can benefit care, but closed curtains arent soundproof. The transparency requirements are set out in full in Articles 12, 13 and 14 of the GDPR. Professional bodies such as the General Medical Council and Health and Care Professionals Council also set out standards which their members must meet. Its main purpose is to protect and promote the interests of patients and the public, while also making sure that confidential patient information can be used when it is appropriate, for purposes beyond individual care. 5 Key identifiable information includes: patient's name, address, full post code, date of birth; pictures, photographs, videos, audio-tapes or other images of patients; NHS number and local patient identifiable codes; anything else that may be used to identify a patient directly or indirectly. This right is an important legal and ethical duty for the NHS but it is not an absolute right. Garbin CA, Garbin AJ, Saliba NA, de Lima DC, de Macedo AP. Provenance and peer review: Commissioned; not externally peer reviewed. Document Confidentiality Policy PDF 322 KB 26 pages Summary In each case, the doctor told a woman on a second date that since they had first met, he had accessed her medical records in order to find out more about her, including health issues she had already mentioned. The ICO recommends that another lawful basis is used. Conclusion Examples of Patient Confidentiality There are many ways doctors and healthcare practices can protect patient privacy. We have detected that you are using Internet Explorer to visit this website. Some features on this site will not work. NHSransomware attack: what happened and how bad is it? This guide supports the individuals right to object and sets out how organisations should respect this. The Confidentiality Advisory Group (CAG) is an independent body which provides expert advice on the use of confidential patient information without patient consent. Confidentiality You have the right to tell NHS staff if you do not want your personal health information to be shared in a particular way or with specific people. It provides a framework to help you decide when you can share information. sharing sensitive information, make sure youre on a federal Click here to toggle the visibility of this menu. All risks identified must go through a HIPAA-compliant risk management process and the flaws rectified. Dont include personal or financial information like your National Insurance number or credit card details. Careers. Search NHS Inform - Click here to submit this form. Other disclosures demand explicit patient consent and apply to everyone in a healthcare facility, including: Providers. official website and that any information you provide is encrypted The author explains that nurses should be familiar with their professional code of conduct and keep up to date with any changes in the law to understand when it might be justified to override the duty of confidentiality. 2023 Feb 8;11(4):499. doi: 10.3390/healthcare11040499. My panels report has reinforced the duty of staff to share information to ensure safe and effective care for service users and patients. Next review due: 10 July 2022, Choose if data from your health records is shared for research and planning, Information in different languages and formats, all NHS organisations, trusts and local authorities (including GP surgeries), private organisations, such as private hospitals providing NHS funded care, pharmaceutical companies researching new treatments, use data that cannot identify you whenever possible, not use data for marketing or insurance purposes (unless you request this), make it clear why and how data is being used, How confidential patient information is used. Some features on this site will not work. What patients need to know about their data. version of this document in a more accessible format, please email, Find out about the Energy Bills Support Scheme, Confidentiality: NHS Code of Practice Supplementary Guidance on Public Interest Disclosures, Records management: code of practice for health and social care, Confidentiality: NHS Code of Practice - supplementary guidance: public interest disclosures, Caldicott review: information governance in the health and care system, Call for views on proposed amendments to the Network and Information Systems Regulations. This code sets out the standards and practice relating to confidentiality for all staff who work in or are under contract to the NHS in Scotland. If youre registered with the NHS in England, this could happen to you.. Analysis of the ethical aspects of professional confidentiality in dental practice. In order to keep your records up-to-date and accurate, you should tell the NHS: You also have the responsibility to protect the privacy of the personal health information which you hold. NICE. We have detected that you are using Internet Explorer to visit this website. It will take only 2 minutes to fill in. 19 January 2023, Feedback display message, this and the title will be overided by Javascript. The confidentiality of other sensitive information held about the practice and staff must also be respected. You should read this policy with your regulatory organisation's code of practice or conduct (if this applies) and your employing organisation's policies and procedures. Wed also like to use analytics cookies. of Bioethics & Humanities is in the process of updating all Ethics in Medicine articles for attentiveness to the issues of equity, diversity, and inclusion. The case has prompted warnings that any doctor in England could abuse their privileged access to private medical records for personal rather than clinical reasons. Thankfully, the GMC guidance says that you should use your judgment to apply these principles. That sounds sensible, but in an increasingly regulated landscape will our judgment always be supported? Appendix 1: The Information Governance Review - To Share or Not to Share. We do not capture any email address. Orthop Nurs. This means there must always be a valid lawful basis for the collection and processing of data as defined under data protection legislation, and the requirements of the CLDC must also be met. View our YouTube channel - (This will open in a new window). Senior doctors strike signals fight over NHS pay is just beginning, Weight-loss jab rejected for NHS use by England drugs watchdog, Fears for patient data after ransomware attack on NHS software supplier, Britons earlier deaths linked to NHS underinvestment study, Ministers coordinate response after cyber-attack hits NHS 111, More NHS cyber-attacks 'inevitable', warn experts, NHSs mounting failures and political neglect laid bare in sobering report, Junior doctors in England to strike for five days from 13 July, I felt anger, fear and horror that she had obtained my data. Confidential patient information is information that both identifies the patient, and includes some information about their medical condition or treatment. If the ICO identifies that an organisation has not complied with data protection legislation, it can impose fines of up to 17 million or 4% of global turnover (for the most serious data breaches). Confidential informationabout service users or patients should be treated confidentially and respectfully. Consent under the CLDC falls under two categories: It is still possible to use consent to satisfy the CLDC when recording or processing health and care data, and there is no need to change consent practices that already meet the CLDC requirements. Unauthorized use of these marks is strictly prohibited. FOIA It's important to understand that data cannot be anonymised simply by removing the NHS number or other demographic details, as there is still a risk of the data being re-identified when compared with other data sets. Jan 2017. All rights reserved. section 251 support. Please note: your email address is provided to the journal, which may use this information for marketing purposes. The .gov means its official. I felt violated when I learned that this woman, who I didnt know, had managed to access on a number of occasions details of my life that I had shared with my GP and only my family and very closest friends. She then clicked through to a different records system called GP Connect, which contained detailed notes of conversations her former partners new girlfriend had had with her GP about the painful impact of the tragedy and the health of one of her children.
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