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Confidentiality and disclosure of health information tool kit

Updated September 2008

Questions about confidentiality and disclosure of healthcare information are becoming more complicated. There is an ever growing list of demands on health professionals to disclose information to third parties such as insurers, the police, social workers, the DVLA and the relatives of deceased patients. There is also growing concern over the implications of increased access to patient information by electronic means and the use of patient information for secondary uses such as audit, commissioning, payment by results, research and teaching.

The purpose of this tool kit is not to provide definitive answers for every situation but to identify the key factors which need to be taken into account when such decisions are made. The tool kit consists of a series of cards about specific areas of confidentiality relating to children, adults who lack capacity and the deceased as well as the secondary uses of information. Separate cards have been produced identifying factors to be considered when assessing competence and determining ‘best interests’, security of information and the sources of confidentiality rights and protection. All cards refer to useful guidance from bodies such as the General Medical Council, BMA and health departments, that should be used in conjunction with the cards. In addition, the medical defence bodies and many of the Royal Colleges produce specific advice for their members: Card 16 lists contact details for organisations from whom further advice can be obtained.

There are no copyright restrictions on this tool kit. Trusts, medical schools and individual health professionals may download and adapt it to suit their own requirements.

The BMA would welcome feedback on the usefulness of the tool kit.