CONFIDENTIALITY IN PROFESSIONAL PRACTICE - Essay Example

Confidentiality in health care is covered in Data Protection Act 1998 in force from March 1, 2000 covering ‘all social services and health records.’ (Beech, 2007) It’s important for patient to know that personal information won’t be disclosed or used without permission. However, in certain situations there is an ethical dilemma between the need to preserve confidentiality and disclose personal information for specific purposes. The breach in patient’s confidentiality can be possible if it concerns public interests.

Although protecting confidentiality in health care is usually paramount, the legal obligation to maintain confidentiality is not absolute (McHale 2000 in Beech, 2007). Under the Police and Criminal Evidence Act 1984 healthcare staff can disclose personal information in case of severe crimes or terrorism or in case when identification of people involved in traffic accidents is needed. The information can be disclosed also to assist the police to prevent murder, rape and kidnapping. So disclosure happens in situations when an individual is at risk of being seriously harmed when the information is not disclosed.

(Beech, 2007). Personal information can be revealed in cases of certain infectious diseases when the law requires health providers to inform public health authorities. When it concerns public interest the breach of confidence is justified according to a common law justification. For example, when a nurse is aware of threat to public safety like in case when a person with epilepsy rides a motorbike, one is entitled to notify driving medical authorities. The same is true in case of communicable disease or sexually transmitted infections.

It’s appropriate for the health care professional to inform a partner of the infected person of the possible threat. The breach of confidence here is justified on the basis of harm prevention. (Clinical Confidentiality, 2005) The laws