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The limits of confidentiality

¹Department of Community Studies, University of Reading, Early, UK.

|June 9, 1998

Summary

Healthcare confidentiality obligations extend beyond explicit agreements. The study suggests client wishes and care needs define the limits of health information privacy, not just entrusted data.

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Area of Science:

Medical Ethics
Health Law
Information Privacy

Background:

Traditional confidentiality models require information entrustment and explicit non-disclosure agreements.
Existing models inadequately reflect actual healthcare practices regarding patient information.
Healthcare practitioners often perceive confidentiality obligations even without explicit agreements.

Purpose of the Study:

To propose expanded grounds for healthcare confidentiality obligations.
To clarify the scope and limits of confidentiality in healthcare settings.
To define when breaches of confidentiality occur in patient care.

Main Methods:

Conceptual analysis of existing confidentiality frameworks.
Examination of common healthcare practices and ethical considerations.
Development of a nuanced understanding of confidentiality limits.

Main Results:

Confidentiality is not solely based on explicit entrustment or agreements.
Client's wishes are paramount in defining confidentiality limits.
The right and need to know for client care also dictate information sharing.
Anonymous references may not constitute breaches if responsible.

Conclusions:

Healthcare confidentiality requires a broader interpretation than traditional legal definitions.
Client autonomy and the necessities of care are key determinants of confidentiality.
Responsible and necessary information sharing, even anonymously, may not breach confidentiality.

Keywords:

Professional Patient Relationship

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