Basildon EM Handbook 2018

Confidentiality

March 2018 | by EMauthor

There is a legal and ethical duty to keep information about patients confidential, unless the patient consents to disclosure, disclosure is required by law, or is necessary in the public interest.

Disclosures required by statute include:

•Criminal Appeal Act 2004.

•Proceeds of Crime Act 2002

•Prevention of Terrorism Act 1989.

•Public Health (Control of Disease) Act 1984.

•Road Traffic Act 1988.

•NHS Counter Fraud investigations.

•Disclosures to the GMC—investigation of a doctor’s fitness to practice.

Other obligatory disclosures include:

•Coroner’s investigations.

•Courts or litigation

•DVLA—if pts refuse & likely to continue driving then the DVLA should be contacted

•Disclosures required in the public interest

Police Acts, Common Law

• For the prevention, investigation and detection of crime

• For the apprehension and prosecution of offenders

• To confirm or corroborate information for intelligence purposes

•To put before a court to obtain a search warrant

•To location a missing person to ascertain wellbeing

•To progress enquiries into a road traffic incident

•To protect life or property

 The police can request personal (not clinical) details regarding attendances to the Emergency Department if the request is made in writing on Form 826C and relates to a serious, arrestable crime (Police and Evidence Act 1984) or the Road Traffic Act 1988. The form must be signed by an Inspector or above.

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