Confidentiality

Confidentiality is the principle that the contents of a professional consultation is not disclosed to anyone else without the permission of the patient/client.

The principle of confidentiality is based on two obligations:

• Professional ethics  - which guarantees the public trust to their right to privacy is maintained whenever accessing medical care
• Legal - if a patient feels they have come to harm as result of a breach of confidentiality

In certain circumstances, confidentiality may be broken

• By legal statute - Impaired health professional, Impaired patient, Child abuse, Notifiable disease, Coroner's cases
• By court order e.g. subpoena
• Where a professional feels that the risk to the public exceeds the damage to the patient/client

The last condition is a important issue but the most difficult to define.  If in doubt, seek medico-legal advice from a medical defence organization or the hospital's legal services.