Legal principles of confidentiality and other public interests: Part 1.
The principles of confidentiality are of paramount importance to nurses and all health professionals. This is explicitly so as the Common Law recognizes confidentiality and supports its importance. However, current practice must take cognizance of the realities of 21st century healthcare delivery - we live in an age of electronic data that is potentially very difficult to keep secret. New rules, protocols and guidelines are being formulated, and regulatory bodies such as the Nursing and Midwifery Council (NMC) reflect such rules in their codes of professional conduct. There is, however, a debate that is suggesting that the rules that relate to confidentiality may need to expand or even bend a little as innovate ways of obtaining, storing, utilizing and communicating data continue to occupy the minds of government and those who formulate legal principles (British Medical Association, 2005). This series of three articles will explore these issues. The first part is a review of case law that explores the fundamental legal principles that underpin confidentiality. The second will concentrate on a review of the guidelines that are to be found in professional regulatory documentation - the NMC and the General Medical Council as they relate to the legal principles. The third and last part will review and reflect on issues that relate expressly to the implementation of electronic patient records, with a review of appropriate statutory legislation and principles of common law.
Fullbrook
Suzanne
S
Nursing Law and Politics, Faculty of Health, London South Bank University.
D032781:Codes of Ethics; D016494:Computer Security / Q000941:ethics / Q000331:legislation & jurisprudence; D003219:Confidentiality / Q000941:ethics / Q000331:legislation & jurisprudence*; D030881:Disclosure / Q000941:ethics / Q000331:legislation & jurisprudence; D005610:Freedom; D006801:Humans; D016365:Liability, Legal; D024802:Nurse's Role; D010344:Patient Advocacy / Q000941:ethics / Q000331:legislation & jurisprudence*; D017410:Practice Guidelines as Topic; D011634:Public Health / Q000941:ethics / Q000331:legislation & jurisprudence; D017751:Safety Management / Q000941:ethics / Q000331:legislation & jurisprudence; D006113:United Kingdom; D035862:Vulnerable Populations / Q000331:legislation & jurisprudence