Further reading.

Information about mentally ill patients was left on a computer loaned out to a former patient

• http://news.bbc.co.uk/1/hi/england/2836193.stm

A hospital has launched an investigation after a woman bought a computer chip which revealed cancer patients' medical records.

• http://news.bbc.co.uk/1/hi/england/hereford/worcs/3708758.stm

Computers containing patients' medical records have been taken in a break-in at a Worcestershire medical centre.

• http://news.bbc.co.uk/1/hi/england/bristol/7119075.stm

An employer of a relatively small computer supplier to the NHS was looking up information about one of his relatives

• http://www.guardian.co.uk/technology/2005/jun/29/internet.epublic

More than three-quarters (77%) of those surveyed on plans to introduce electronic healthcare records said healthcare professionals should seek patients' explicit consent before putting their records online.

• http://confidential.oxfordradcliffe.net/caldicott/report/recommendations

Caldicott Report

• http://www.scotland.gov.uk/Resource/Doc/143714/0036499.pdf

(The leaflet — Emergency Care Summary)

• http://www.bma.org.uk/ap.nsf/Content/manifestobriefingconfidentiality?OpenDocument&Highlight=2,confidentiality

(Scotland BMA stating that there is a need to inform the public about computer recording on a central database)

• http://www.bma.org.uk/ap.nsf/Content/PatientConfidentialityguidelines

BMA guidelines — Medical confidentiality has never been absolute but has operated on a principle of limiting disclosure to those who need to know, giving them only and as much information as they need. This general rule is waived where, for example, a breach of confidence is required by law or where the patient gives valid consent.

Valid or real consent is that which is freely given, based upon a real understanding of the issues involved. Patients need to know what information will be divulged, who to and how far the recipients will have any obligation of confidentiality before spreading the information more widely. They should be asked specifically to agree to the use of their clinical information in the different investigative and complaints processes.

• http://www.bma.org.uk/ap.nsf/Content/ConfidentialityBiggerPicture

The BMA currently advises that legally and ethically health professionals are responsible to patients for the confidentiality of the health information they hold. When they provide information, patients imply consent to some sharing with other healthcare professionals. There should be no use or disclosure of any confidential patient identifiable information gained in the course of professional work for any purpose other than the clinical care of the patient to whom it relates. There are three broad exceptions to this standard:

where there is consent;
where the law requires disclosure; or
where there is an overriding public interest in disclosure.

This document also states: ‘With a move away from this vision of a personalised one-to-one health service, it is arguable whether the concept of a traditional confidentiality-based relationship is sustainable.’

• http://www.gmc-uk.org/guidance/current/library/confidentiality.asp#1

If you are asked to provide information about patients you must: inform patients about the disclosure, or check that they have already received information about it.

• http://www.connectingforhealth.nhs.uk/