Duty of Confidence Requirement
Introduction
All information, both written and computer based, relating to patients’ diagnosis and treatment, and
to the personal details of members of staff and patients, is strictly confidential. The Northern
Lincolnshire and Goole Hospitals NHS Trust and its employees have a binding legal obligation not
to disclose such information to any unauthorised person(s).
This duty of confidence is given legal effect by reference to the Data Protection Act 1998 and the
‘right or privacy’ under the Human Rights Act 1998. It applies to any information which is processed
by the Trust (i.e. stored, retained, maintained as a record, amended or utilised for the Trust’s
purposes as an NHS Hospital), from which a living person is capable of being identified.
Individuals must also observe the “need to know” principle. No member of staff may seek out any
information that they do not need in order to undertake their duties. This applies to the clinical or
other personal information of any third party.
In addition to the above, everyone working for or with the NHS who records, handles, stores or
otherwise comes across information has a personal common law duty of confidence. This applies
equally to those, such as students or trainees on temporary placements.
The implications of not keeping information confidential or in deliberately seeking out personal
information that is not required in the course of an individuals work can, in certain and extreme
cases, lead to:
Disciplinary action
Professional conduct proceedings
Legal proceedings/claims for compensation
Criminal proceedings in certain cases
There are exceptions to the general duty of confidence. If you are unsure and or require further
information, please contact a member of staff within the Governance Department or your line
manager.
Staff are permitted to make disclosure of patient information within the Trust to individuals who
require access to that information:
for the purposes of the diagnosis, treatment and care of patients (who are the
subject of the records), and
in relation to the ancillary functions of the Trust, such as, the processing of
patient information for the purposes of ascertaining if the Trust is achieving
the waiting list initiative targets.
Confidentiality of Written Medical Records
Under no circumstances should information be disclosed by unauthorised persons, any requests for
information must be directed to the appropriate person.
All medical records must be kept in a secure environment when unattended; i.e. in locked storage
cabinets or controlled locations.
Staff who wish to obtain information about their own health or health care should do so through the
doctor responsible for their care. It should be noted that it is a disciplinary offence for any member
of staff to attempt to obtain their own medical records without recourse to the correct procedure
under the Data Protection Act 1998.
Confidentiality of Computer Based Information
Any information held on computer information systems is governed by the Data Protection Act and
must not be disclosed without appropriate authorisation.
Password(s) issued to individual members of staff, to gain access to any computer information
system must remain known only to them and under no circumstances should this be divulged or
shared with any other person.
Under no circumstances should computer information systems be left active whilst unattended,
unless the information is hidden and secured by a password protected screensaver or similar
device.
Security Policies and Procedures
This statement is compliant with the Trust’s policy on information sharing and the protection of
patient information which will from time to time be updated to take account of changes in the
legislation which applies to patient information. Staff will be notified of any such changes as they
arise.
Staff Acknowledgement
I, as a member of staff dealing with confidential information acknowledge:
1. Medical records, including extracts and information taken from the medical records,
are strictly confidential and the greatest care and secrecy must be maintained regarding their
contents and safekeeping.
2. The medical content of patient records should not be discussed by me with any other
staff except for training purposes and in the essential course of duty.
3. The use of patient names, addresses or other personal details, for any other purpose
than that for which it was originally collected (i.e., the treatment of the patient by the health care
professional) is not allowed, nor should details be given to or used by any other party for any
reason.
4.
Personal details relating to staff members and patients should not be discussed by me
with any other member of staff except in the essential course of duty.
5.
Deliberately seeking out personal or clinical information relating to another person not
required by me to undertake my work is forbidden and I agree to abide by the
requirements of this and other Trust policies / procedures relating to the security and
confidentiality of medical records / patient information.
I understand that any breach of these requirements could result in disciplinary action.
DUTY OF CONFIDENCE REQUIREMENT
Please read the Duty of Confidence Guidelines carefully then complete, sign and
date the following and return this tear off slip to your Line Manager.
Name
……………………………………………………………………………….………..........................
Job Title
…………………………………………………………………………………………………………..
Department / Directorate / Group
………………………………………………………………………………......................................
Signed …………………………………………………. Date: …………………………………