Question

When may confidentiality be breached in the public interest?

Under what conditions can health information be disclosed for purposes other than the provision of care?

Answer 1

When may confidentiality be breached in the public interest?

Public interest can range from prevention or detection of some serious crime. Court may decide if the breach is necessary or not. For example when a person admits to commit the crime, but he also told that he did so under the influence of some medication that caused sedation or hallucinations. This kind of confession can easily be dismissed, but also could be meaningful as people tend to do such things when drunk or under the influence of some drug. A breach would be hard to justify with minor offenses such as parking violation as compared to some serious crimes. These kind of breaches ay assist with the investigation of serious crimes. Some important points to remember while breaching in the public interest are:

• Benefits of disclosure should outweigh the harm associated.
• Patient can also be persuaded to disclose willingly.
• Inform the patient before making the disclosure and seek his or her consent
• Reveal only the information that is necessary to attain the objective

Breach can also be made in case of some epidemic is feared, such as AIDS, HIV represents a serious communicable disease.

Under what conditions can health information be disclosed for purposes other than the provision of care?

Disclosure may be done via three main methods.

• Disclosure with the patient's consent

If the patient is willing to disclosure, a doctor can relieved. Technically disclosure by patients is not considered a breach

Children – the disclosure is necessary when the doctor suspects the child is at risk, doctor can persuade children to tell their parents or allow the doctor to do so.

Disclosure to relatives, friends or third party – when the patient is seriously ill and the disclosure is in best interest, as in case of mental illness or any terminal diseases.

• Disclosures required by law

if the information is required by law, disclosure is not penalised.

Disclosure is required when national security is at risk, police can demand patient data if the driver has committed some crime or accident, supply of unlawful mmdicines can also be demanded lawfully, abortions and also when the cause of death is unclear.

• Disclosures in the public interest

As described above in question 1