Savvy Kernow Sample Policy Documents
Confidentiality Policy / Confidentiality Agreement
Introduction
The duty of confidentiality owed to a person under 16, in any setting, is the same as
that owed to any other person.
All services providing support to young people should have a confidentiality policy
which reflects this and makes clear that young people under 16 have the same right
to confidentiality as adults.
The duty of confidentiality is not however, absolute. Where there is thought to be a
risk to the health, safety or welfare of a young person, guidance from the Local
Safeguarding Children Board (LSCB) should be followed. www.safechildrencios.co.uk/default.aspx?page=263
Confidentiality policies should be prominently displayed within service areas and
promotional literature.
In addition, each young person and their family should have the confidentiality policy
and its limitations explained to them at each point of contact.
Last updated October 2015
Savvy Kernow Sample Policy Documents
Confidentiality Policy (for Health Services)
Sample 1 – GP Practice
Confidentiality Policy
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Confidentiality is the cornerstone of health care and central to the work of
everyone working in general practice. All information about patients is
confidential: from the most sensitive diagnosis, to the fact of having visited
the surgery or being registered at the practice.
The duty of confidentiality owed to a person under 16 is as great as the duty
owed to any other person.
All patients can expect that their personal information will not be disclosed
without their permission except in the most exceptional of circumstances,
when somebody is at grave risk of serious harm.
Responsibilities of practice staff
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All health professionals must follow their professional codes of practice, and
the law. This means that they must make every effort to protect
confidentiality. It also means that no identifiable information about a patient
is passed to anyone or any agency without the express permission of that
patient, except when this is essential for providing care, or necessary to
protect somebody’s health, safety or wellbeing.
All health professionals are individually accountable for their own actions.
They should also work together as a team to ensure that standards of
confidentiality are upheld, and that improper disclosures are avoided.
Additionally, the GP as employer:
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Is responsible for ensuring that everybody employed by the practice
understands the need for, and maintains, confidentiality.
Has overall responsibility for ensuring that systems and mechanisms to
protect confidentiality are in place; and has vicarious liability for the actions of
those working in the practice – including the health professionals and nonclinical staff.
Standards of confidentiality apply to all health professionals, administrative and
ancillary staff – including receptionists, secretaries, practice managers, cleaners and
maintenance staff who are bound by contracts of employment to maintain
confidentiality, and also to students or others observing practice. They must not
reveal, to anybody outside the practice, personal information they learn in the
course of their work, or due to their presence in the surgery, without the patient’s
consent. Nor will they discuss with colleagues any aspect of a patient’s attendance at
the surgery in a way that might allow identification of the patient, unless to do so is
necessary for that patient’s care
If disclosure is necessary
Last updated October 2015
Savvy Kernow Sample Policy Documents
If a patient or another person is at grave risk of serious harm, which disclosure to an
appropriate person would prevent, the relevant health professional will counsel the
patient about the benefits of disclosure. If the patient refuses to allow disclosure,
the health professional can take advice from colleagues within the practice, or from
a professional, regulatory or defence body, in order to decide whether a disclosure
without consent is justified to protect the patient or another person. If a decision is
taken to disclose, the patient should always be informed before the disclosure is
made, unless to do so could be dangerous. If at all possible, any such decisions
should be shared with another member of the practice team.
Any decision to disclose information to protect health, safety or wellbeing will be
based on the degree of current or potential harm, not on the age of the patient.
Last updated October 2015
Savvy Kernow Sample Policy Documents
Sample 2
Policy Statement
Confidentiality is the cornerstone of health care and central to the work of everyone
working in general practice. All information about patients is confidential: from the
most sensitive diagnosis, to the fact of having visited the surgery or being registered
at the practice.
All patients and/or employees can expect that their personal information will not be
disclosed without their permission, except in the most exceptional of circumstances,
or if someone is at grave risk of serious harm.
The duty of confidentiality owed to a person under 16 is as great as the duty owed
to any other person.
This policy applies to all staff.
Responsibilities
GP partners, as employers, are responsible for: ensuring that all practice staff
understand the need for and maintain confidentiality; ensuring that systems and
mechanisms are in place to protect confidentiality; and have vicarious liability for the
actions of practice staff.
Practice employees must make every effort to protect confidentiality; ensuring that
no identifiable information about a patient, or the practice, is divulged to any person,
agency or third party.
Policy
In the course of employment, placement or associated work with the practice, a
person may have access to, see or hear confidential information relating to patients,
staff, associated healthcare professionals or the practice. Unless acting on the
instruction of authorised person within the practice, on no account should such
information be divulged or discussed, except in the performance of normal duties.
Confidential information shall include, but not be limited to, the following:
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Information regarding any patient or employee of the practice.
Information concerning the services offered or provided by the
practice, including the names of any patients, persons, companies or
other organisations to which such services are provided.
Any information which you have been told is confidential and/or which
you might reasonably expect to be confidential.
All records, including paper records, VDU screens and computer printouts, should
never be left in such a manner that unauthorised persons can obtain access to them.
Last updated October 2015
Savvy Kernow Sample Policy Documents
VDU screens must always be cleared when left unattended, systems should be
logged out and passwords cleared. All passwords should be kept confidential.
Employees should only access or process personal data and records in accordance
with instructions received by the practice. Employees must not access data for any
personal reasons or on behalf of a third party, unless instructed to do so by an
authorised person of the practice during the performance of normal duties.
It is possible that employees may know or be related to a person who visits the
practice or attends a clinic held by the practice. In these circumstances, employees
must disclose their relationship prior to having any involvement in the case, so that
the patient and/or medical practitioner may decide whether the employee’s
continued involvement is appropriate.
Disclosure
If a patient or another person is at a grave risk of serious harm, and disclosure to an
appropriate person would prevent that, counsel will be given to the patient about
the benefits of disclosure.
If the patient refuses to allow disclosure, advice should be sought from colleagues
within the practice, or from a professional, regulatory or defence body, in order to
decide whether a disclosure without consent is justified to protect the patient or
another person.
If a decision is taken to disclose, the patient should always be informed before the
disclosure is made, unless to do so could be dangerous. If at all possible, all
decisions should be shared with practice colleagues.
Any decision to disclose information to protect health, safety or wellbeing will be
based on the degree of current or potential harm, not the age of the patient.
Confidentiality and Freedom of Speech
The practice encourages open and informative communication, but all information
should be considered confidential to non-practice staff and records should not be
divulged, unless required by law, or the employee has written authorisation from an
authorised person to do so.
Any breach of confidence or trust may be a disciplinary offence and may also result
in a civil action for damages, irrespective of any action taken by the practice.
Employees may not, either during their employment or at any time after, divulge any
confidential information belonging to the practice. However, restrictions on
disclosure of confidential information will not be applied to the raising of concerns in
good faith in accordance with the provisions of the practice’s Whistleblowing Policy.
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Savvy Kernow Sample Policy Documents
Sample Confidentiality Agreement 1
I confirm that I have read and understood the Confidentiality Policy and that it
applies throughout my employment (or work placement) with and after my
departure from the practice.
I understand that any information received about patients is confidential and
undertake not to disclose any information learnt in the course of my employment to
anyone outside the practice.
I also understand that the duty of confidentiality owed to a person under 16 is as
great as the duty owed to any other person.
If I feel that disclosure is necessary in the public, patient or family interest, I will
discuss this with the appropriate health professional.
I understand that a breach of the Confidentiality Policy may result in disciplinary
action being taken, which may include dismissal.
I understand that disclosures of confidential information or disclosures of any data of
a personal nature can result in prosecution for an offence under the Data Protection
Act 1988 or an action for civil damages under the same Act in addition to any action
taken by the practice.
Signed:
____________________________________________________________________
_______
Name (in capitals):
_______________________________________________________________
Date:
____________________________________________________________________
_________
(Source: Three Spires Medical Practice 2013)
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Savvy Kernow Sample Policy Documents
Sample Confidentiality Agreement 2
I understand that all information about patients held by this practice is strictly
confidential, including the fact of a particular patient having visited the surgery.
I also understand that the duty of confidentiality owed to a person under 16 is as
great as the duty owed to any other person.
I will not disclose personal information learnt in the course of my work in the
surgery to anybody outside the practice.
I understand that a breach of this obligation may result in my contract being
discontinued.
Signed
____________________________________________________________________
________
Date
____________________________________________________________________
__________
Last updated October 2015
Savvy Kernow Sample Policy Documents
Sample Confidentiality Agreement 3
I understand that all information about patients held by this practice is strictly
confidential: from the most sensitive diagnosis, to the fact of having visited the
surgery or being registered at the practice.
I also understand that the duty of confidentiality owed to a person under 16 is as
great as the duty owed to any other person.
I have read and understood the practice's Confidentiality policy and agree to be
bound by its terms.
I will not disclose personal information learnt in the course of my employment to
anybody outside the practice. If I feel disclosure is necessary in the interests of a
patient, his or her family, or the public, I will inform the patient beforehand, unless
to do so would be dangerous for the patient or others.
I have received information and training on this matter and understand that a
breach of this obligation may result in my dismissal.
Signed
____________________________________________________________________
________
Date
____________________________________________________________________
__________
Last updated October 2015
Savvy Kernow Sample Policy Documents
Sample Confidentiality Statement
NB: Savvy Kernow has confidentiality posters available to all services working with
Savvy Kernow which were designed with young people. Please contact Savvy
Kernow if you would like any copies.
a) Here to listen, not to tell
We provide a confidential service to all our patients, including under 16s. This means
that you can tell others about this visit, but we won't.
The only reason why we might have to consider passing on confidential information
without your permission, would be to protect you or someone else from very serious
harm. We would always try to discuss this with you first.
If you are being treated elsewhere - for example at a hospital or Brook centre - it is
best if you allow the doctor or nurse to inform the practice of any treatment you are
receiving.
If you have any worries about confidentiality, please feel free to ask a member of
staff.
b) Confidentiality Statement
You can be sure that anything you discuss with any member of this practice - family
doctor, nurse or receptionist - will stay confidential.
Even if you are under 16 nothing will be said to anyone - including parents, other
family members, care workers or tutors - without your permission. The only reason
why we might have to consider passing on confidential information without your
permission would be to protect you or someone else from serious harm. We would
always try to discuss this with you first.
If you are being treated elsewhere - for example at a hospital or Brook centre - it is
best if you allow the doctor or nurse to inform the practice of any treatment you are
receiving.
If you have any worries about confidentiality, please feel free to ask a member of
staff.
Last updated October 2015