Confidentiality
The code: Standards of conduct, performance and ethics for nurses and midwives’ (2008) states:
"You must respect people's right to confidentiality."
"You must ensure people are informed about how and why information is shared by those who will be providing their care."
"You must disclose information if you believe someone may be at risk of harm, in line with the law of the country in which you are practising."
Confidentiality
A duty of confidence arises when one person discloses information to another in circumstances where it is reasonable to expect that the information will be held in confidence. This duty of confidence is derived from:
common law – the decisions of the Courts statute law which is passed by Parliament.
Confidentiality is a fundamental part of professional practice that protects human rights. This is identified in Article 8 (Right to respect for private and family life) of the European Convention of Human Rights which states:
1: Everyone has the right to respect for his private and family life, his home and his correspondence.
2: There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.’
The common law of confidentiality reflects that people have a right to expect that information given to a nurse or midwife is only used for the purpose for which it was given and will not be disclosed without permission. This covers situations where information is disclosed directly to the nurse or midwife and also to information that the nurse or midwife obtains from others. One aspect of privacy is that individuals have the right to control access to their own personal health information.
It
"You must respect people's right to confidentiality."
"You must ensure people are informed about how and why information is shared by those who will be providing their care."
"You must disclose information if you believe someone may be at risk of harm, in line with the law of the country in which you are practising."
Confidentiality
A duty of confidence arises when one person discloses information to another in circumstances where it is reasonable to expect that the information will be held in confidence. This duty of confidence is derived from:
common law – the decisions of the Courts statute law which is passed by Parliament.
Confidentiality is a fundamental part of professional practice that protects human rights. This is identified in Article 8 (Right to respect for private and family life) of the European Convention of Human Rights which states:
1: Everyone has the right to respect for his private and family life, his home and his correspondence.
2: There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.’
The common law of confidentiality reflects that people have a right to expect that information given to a nurse or midwife is only used for the purpose for which it was given and will not be disclosed without permission. This covers situations where information is disclosed directly to the nurse or midwife and also to information that the nurse or midwife obtains from others. One aspect of privacy is that individuals have the right to control access to their own personal health information.
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