Understanding confidentiality and the law on access to medical records

Abstract 

The doctor patient relationship has never been so seriously threatened with the public loss of confidence that has arisen because of the widespread loss of data in both the public and private sectors. All data especially patient sensitive information must be treated with respect. Failure to maintain confidentiality is a serious offence punishable in common law but much more importantly the GMC has the statutory power to suspend or remove a doctor from the medical register. Doctors therefore, must have an understanding as to how data ought to be treated and protected within the working environment and what legal rights patients have in accessing their data in certain circumstances. Transparency is paramount in securing the trust between doctors and their patients, who need reassurance that if they are to divulge sensitive and often embarrassing information, that the healthcare professionals will respect their data by keeping it secure and free from outside interference.

Keywords: confidentiality, consent, Data Protection Act 1998