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Can breaching patient confidentiality ever be justified?

26 September 2019
Letters to the Editor
02 September 2019
Volume 28 · Issue 17

Richard Griffith's Legal column on electronic health records and maintaining patient confidentiality was thoroughly informative (Griffith, 2019).

Confidentiality, as stressed by Griffith, is a fundamental principle of professional ethics for clinicians and nurses and also a legal necessity. Confidentiality is instrumental in preserving patients' trust in health professionals. Its importance is stressed in the Hippocratic oath (Oxtoby, 2016), the Geneva Declaration (Parsa-Parsi, 2017) and by the General Medical Council (GMC) (2017). However, at times, breaching confidentiality is necessary, as specified by the GMC (2017).

When disclosing information about patients with impaired capacity, it is important to keep their best interests in mind. Seeking assistance from independent mental capacity advocates, those individuals holding lasting powers of attorney, and court-appointed deputies is advisable, especially when multidisciplinary teams and next-of-kin are involved (Ridley, 2001; Moskop, 2006; Blightman et al, 2014).

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