Legal and ethical duty 

All healthcare professionals have an ethical and a legal duty to uphold the principles of confidentiality and protect patients personal information from improper disclosure. 

However this duty is not absolute, and appropriate information sharing is an essential part of safe and effective care for patients. 

When is it appropriate to disclose personal information? 

  • When a patient has given their consent, whether that be implicit or explicit
  • When disclosure has overall benefit to the patient who lacks capacity to consent
  • When disclosure is of overall benefit to the patient for their own care. 

How to disclose patient information? 

  • When appropriate and practicable to do so, anonymise patient information
  • Get the patient's explicit consent if identifiable information is disclosed, unless for their own care or local clinical audit
  • Inform patients how their information will be used and that they have a right to object.