Confidentiality
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- Created by: Georgia
- Created on: 09-05-18 00:07
What did Lord Phillips MR say in Ashworth Security Hospital v Mirror Group Newspaper (MGN) (2000)?
There is an obligation of confidentiality between doctor and patient.. a patient... is entitled to be confident that details about his condition and treatment remain between himself and those who treat him
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There is an _ _ _ _ _ _ _ _ _ _ _ of confidentiality
obligation
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Montgomery v Lanarkshire Health Board (2015) provided that...
Respect for the confidences of patients has long been part of the ethical tradition of health care and is enshirned in the Hippocratic Oath
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The legal basis has developed ...
on an ad hoc basis, based on an ethical obligation to enforce ethical principles
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There is a tort for the breach of confidence
No
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There is a _ o _ _ _ duty of confidence, preserving the trust between clinicians and patients
moral
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What does the 'BMA' stand for?
British Medical Association
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BMA Confidentiality: _ H _ / _ o _ e / of / p _ a _ t _ c _ , paragraph 2 _
BMA Confidentiality: NHS code of practice, paragraph 28
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When is a legal obligation of confidentiality owed?
When seeing the doctor or health carer
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Is the obligation of confidentiality owed to just the patient?
Yes
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Does the right of confidentiality continue after death?
Yes
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What did Lewis v Secretary of State for Health (2008) say?
The time the obligation survives, will depend on the nature of the information, its sensitivity and harm it may cause to relatives
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What does the 'HRA' stand for, and what is its year?
Human Rights Act 1998
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Article 8 provides...
The right to privacy
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What did General Dental Council (2011) provide?
Medical records can be disclosed, without patient consent if anonymised
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What three elements are needed for a breach of confidentiality under Attorney General v Guardian Newspapers (1990)?
1. Information has the necessary quality of confidence; 2. been imparted (conveyed) in circumstances where there is an obligation; 3. Used in an unauthorised manner
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Information will not be confidential if... (per Ex Parte: Source Informatics Ltd (2000))
in the public domain and anonymised
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Confidentiality is expected if the information is ... (per Campbell v MGN (2004))
personal, private or intimate
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Medical reports, professional opinions and recommendations are ... (per Stevens v Plymouth City Council (2002))
confidential
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Descriptions of everyday life are ... (per Stevens v Plymouth City Council (2002))
not confidential
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Does the common law provide a duty of confidentiality?
Yes
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If a common law duty of confidentiality exists, there is a ...
equitable obligation
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Is consent an exception to disclosure of confidential information?
Yes
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Is consent express or implied?
Both
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Who can consent (adults)
adults with capacity, with an understanding of what they are consenting to
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This type of consent is inherent within a multi-disciplinary health care process
Implied
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Refusal to consent, results in ...
non-disclosure of information
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What type of consent is needed for the provision of care, medical reporting for insurance companies and employers, or the release of medical records?
express consent, per GMC Guidance, Paragraph 95
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What does 'GMC' stand for?
General Medical Council
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The patient must understand and expect disclosure of information
GMC Guidance, Paragraphs 27 - 29
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Patient's have the right to be informed about information being disclosed unless ...
there is a public interest or benefit basis
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Information can be disclosed if ...
it is anonymised, paragraphs 30 and 31
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What happened in Cornelius v De Taranto (2001)?
a report for her employer was shown to her doctor, breaching confidentiality
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What happened in Selwood v Durham County Council and others (2012)?
informing multiple working bodies, acting in a quasi-contractual relationship, of a patients risk, would not breach confidentiality
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Who will decide what is deemed 'public interest'? (per Health Authority v X (2001))
The Courts
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Public interest is not the same as an ... (per British Steel Corporation v Granada Ltd (1981))
interest to the public
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Public interest is decided on a case by case basis, depending on ...
the nature and impact of the information of the patients capacity (NHS Code of Practice Supplementary Guidance - Public Interest Disclosures (November 2010))
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What did X v Y (1988) concern?
confidentiality outweighed the public interest of identifying doctors with HIV due to their status as clinicians
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What did W v Egdell (1990) concern?
disclosure should be what is minimally necessary and to the appropriate body/authority in the public interest
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What did Woolfgar v Chief Constable of Sussex Police (1999) concern?
there was public interest in allowing a professional body conduct their own inquiry into misconduct, even if there were no criminal charges
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If disclosure is justified under public interest it will breach what?
Article 8
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What did Z v Finland (1997) concern?
disclosure of the identity and prognosis of an HIV patient was justified under Article 8
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Is there a duty to disclose?
In situations of child protection
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What may happen if confidential information is not disclosed?
liability may arise
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In JD v E Berkshire Community Health NHS Trust (2005), provided that parents are owed a duty of confidentiality?
no as it conflicted with the obligation to the child
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Can health professionals listen to third party concerns?
Yes, but cannot guarantee that they will not disclose the information to the patient
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What case developed the right to privacy?
Campbell v MGN (2004)
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What happened in Douglas v Hello (2005)?
celebrity wedding photographs were published by a publication without the right, however did not breach Article 8
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What happened in Murray v Express Newspapers plc and another (2008)?
J K Rowling was photographed walking her son, violating her Article 8 rights
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What does the 'DPA' stand for?
Data Protection Act 1998
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Information processed by/with the intention to be recorded or held by a public authority is...
data
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What relates to living individuals who can be identified by the information?
personal data
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Information about race, ethnicity, origin, beliefs, political opinion, health conditions, sex life and criminal offences is ...
sensitive personal data
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What is the first principle?
fair and lawful
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What principle is 'purposes'?
2
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What principle is 'adequacy'?
3
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What principle is 'accuracy'?
4
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What principle is 'retention'?
5
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What principle is 'rights'?
6
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What principle is 'security'?
7
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What principle is 'international conditions'?
8
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To be able to use personal data, it must fall within a condition within which two schedules?
2 and 3
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Which schedule is for more serious crime or risk, resulting in a greater onus on disclosure?
2
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Comply with legal obligation, process necessary to the interest of the data subject, disclosure to prevent harm and crime or detect crime?
Schedule 2
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Protect individuals who cannot consent, those refusing consent or necessary for medical purposes?
Schedule 3
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If the information is not used in the medical context, what is needed to share the information?
justification
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What happened in Mensah v Jones (2004)?
disclosure of medical records to a defence union did not breach DPA 1998, as it was for the prevention of crime
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Incapable adults are owed an obligation of confidentiality, in their best interests under ...
s.5 Mental Capacity Act 2005
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Who can consent on behalf of a child in their best interests?
someone with parental responsibility, the courts, those with an LPA over a child
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Does Article 8 HRA 1998 apply to children?
Yes
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Is there a duty or power to disclose information for child protection?
Duty
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At what age can a child consent by virtue of the MCA 2005 and s.8 of the Family Law Reform Act 1969?
16 and 17
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What test must someone younger than 16 satisfy?
Gillick Competence
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What did Axon v Secretary of State for Health and another (2005) provide?
parents do not have a duty to be informed if a 16 year old has an abortion
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Which act provides the rights, duties, powers, authority to those with parental responsibility?
S.3 Children Act 1989
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Can a child refuse consent under the GMC Guidance
No
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When must disclosure of information of a child occur?
all of them
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What is the guidance that covers children and consent for contraception?
GMC Guidance - 0 to 18
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Is there a public interest in maintaining child confidentiality?
Yes
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Do parents have a right to be informed under Article 8 HRA 1998?
No (Axon (2006))
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Under common law what happens to parental rights as the child becomes aware and understands the nature of their treatment?
rights dwindle
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At what age can a child access their medical information under the DPA 1998?
12
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Are incapable adults owed an obligation of confidentiality?
Yes
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Do third parties have a general right of access to incapable adults information?
Yes
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How can an incapable adult express their wishes prior to them loosing capacity?
LPA and Advanced Decision
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Does the right of confidentiality continue after death?
Yes
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What did the case of Bluck v Information Commissioner and Epsom and St Helier NHS Trust (2006) establish?
medical records are exempt from freedom of information requests, and confidentiality survives death
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Other cards in this set
Card 2
Front
There is an _ _ _ _ _ _ _ _ _ _ _ of confidentiality
Back
obligation
Card 3
Front
Montgomery v Lanarkshire Health Board (2015) provided that...
Back
Card 4
Front
The legal basis has developed ...
Back
Card 5
Front
There is a tort for the breach of confidence
Back
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