The Obstetrician & Gynaecologist 2007;9:4:257-263
doi: 10.1576/toag.9.4.257.27356
Copyright © 2007 by the Royal College of Obstetricians and Gynaecologists.
Confidentiality, disclosure and access to medical records
Nick Nicholas, BSc (Hons) MD FRCOG Grad (Dip) Law, Consultant Gynaecologist and Caldicott Guardian/Honorary Senior Clinical Lecturer1
1. Hillingdon Hospital Trust, Pield Heath Road, Uxbridge, Middlesex UB8 3NN, UK and; Imperial College Medical School, Exhibition Road, London SW7 2AZ, UK Email: nick.nicholas{at}thh.nhs.uk (corresponding author)
Key content:
- Patient confidentiality is not absolute and there are situations where disclosure is allowed.
- Consent is justification for disclosure.
- Disclosure of anonymised information does not generally require patient consent, unless it is possible to identify the patient.
- When the public interest in disclosure is greater than the public interest in confidentiality, disclosure is allowed.
Learning objectives:
- To clarify the legal issues, including General Medical Council (GMC) guidance on patient confidentiality.
- To discuss the law relating to access to medical records; in particular, the Data Protection Act 1998.
- To clarify when there is justification for disclosure.
Ethical issues:
- Can confidential information be disclosed where a patient has refused specific consent?
- How does the law differ from GMC guidance?
- What should a gynaecologist do when a patient informs them that she is planning to inflict serious harm on a specific individual?
Please cite this article as: Nicholas N. Confidentiality, disclosure and access to medical records. The Obstetrician & Gynaecologist 2007;9:257–263.
Keywords Caldicott guardians / confidentiality / consent / Data Protection Act 1998 / Freedom of Information Act 2000
Copyright © 2007 by the Royal College of Obstetricians and Gynaecologists.
