Last year, as part of my research I asked a question on this forum about Medical Records and the Police, I got some really helpful answer. Sorry but I have another related question.
From my previous question I understand that "There is no statute law that requires provision of confidential information to the police or to courts, even where the matter in issue is a serious crime."
When I qualify and start practicing, whether within the NHS or privately, I want to know that what patients say to me is confidential, regardless of the law.
After carrying out further research into this subject I was interested and disappointed to read about this case:
http://www.familylawweek.co.uk/site.aspx?i=ed2087
I think the application for disclosure was handled incredibly carelessly, but nevertheless, disclosure was allowed.
In contradiction to the outcome of the review, the article referred to a quote by Baroness Hale, she said:
"It has always been accepted that information about a person's health and treatment for ill health is both private and confidential. This stems not only from the confidentiality of the doctor-patient relationship but from the nature of the information itself. It is crucial not only to respect the sense of privacy of the patient but also to preserve his or her confidence in the medical profession and in the health services in general. Without such protection, those in need of medical assistance may be deterred from revealing such information of a personal and intimate nature as may be necessary in order to receive appropriate treatment and, even, from seeking such assistance, thereby endangering their own health and, in the case of transmissible diseases, that of the community."
They even quote Article 8 of the Human Rights Act:
"Everyone has the right to respect for his private and family life, his home and his correspondence"
So my question is a simple one, are medical, hospital or psychiatric records entirely confidential? It seems that if you push hard enough, you can get in.