GMC Confidentiality guidance

Written by Hannah Blake, Trainee. On 25 January 2017 the GMC refreshed its guidance on confidentiality. The guidance Confidentiality: good practice in handling patient information will come into force on 25 April 2017 replacing the current 2009 guidance. Whilst the principles are unchanged it provides clarification to the 2009 guidance and is a welcome opportunity to look again at confidentiality and the principles behind it that affect healthcare regulators.

Written by Hannah Blake, Trainee.

On 25 January 2017 the GMC refreshed its guidance on confidentiality. The guidance Confidentiality: good practice in handling patient information will come into force on 25 April 2017 replacing the current 2009 guidance.  Whilst the principles are unchanged it provides clarification to the 2009 guidance and is a welcome opportunity to look again at confidentiality and the principles behind it that affect healthcare regulators.

Confidentiality is a key aspect of the relationship between a healthcare professional and their patient. Regulators, together with the police and other investigatory services have legal powers to require information as part of their fitness to practise functions.  There is frequently a question as to whether it is appropriate for healthcare professionals to disclose confidential patient information in response to such requests. 

The GMC guidance includes a detailed flowchart of the key questions that doctors should ask themselves when presented with a situation involving confidentiality. By following the chart it will support doctors in complying with their ethical and legal duties around patients' personal information and should help to prevent improper disclosure.

1. Would anonymised information be sufficient for the purpose?

2. Is it appropriate or practical to seek explicit consent?

3. Is it reasonable to rely on implied consent?

4. Is the disclosure related to a patient who does not have the capacity to make the decision and it is of overall benefit to that patient?

5. Is the disclosure of identifiable information required by law?

6. Is the disclosure of identifiable information approved through a statutory process?

7. Is disclosure justified in the public interest?

The principles to be applied read across to other regulators and largely reflect the factors to be addressed by the High Court in considering requests to make disclosure orders as articulated in Savery's Case [2011] EWHC 3011.  It is hoped that the GMC guidance provides an easy to follow framework for doctors in responding to requests in a timely and lawful way.