Patient Confidentiality and the Intensivist

Confidentiality is a patient's right and is central to trust between doctors and patients. Any disclosure and use of confidential patient information needs to be both lawful and ethical. The duty of confidentiality arises out of the common law of confidentiality, the Human Rights Act, General Medical Council guidelines, NHS staff employment contracts and ethical mores. Breaches of confidence, inappropriate use of health records or abuse of computer systems may lead to disciplinary measures, bringing into question professional registration and possibly resulting in legal proceedings. Whilst law and ethics in this area are largely in step, the law provides a minimum standard that does not always reflect the appropriate ethical standards that the government and the professional regulatory bodies require. The duty to preserve confidentiality can present intensivists with ethical and/or legal dilemmas. This article summarises the general principles of confidentiality and reviews the legal and professional requirements that intensivists need to be cognisant of when dealing with third party requests for patient information.