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Balancing Confidentiality, Compliance, and Care: Key Principles in Health and Social Care
Confidentiality, legal compliance, and ethical practice are fundamental pillars in the provision of health and social care act 2012 overview. With an increasing focus on patient rights and the safeguarding of sensitive information, professionals in these fields are guided by robust legislation and policies. The Health and Social Care Act 2012 overview underpins efforts to improve health outcomes, streamline services, and empower patients with greater control over their care. Alongside this, frameworks such as the Caldicott Principles and the Data Protection Acts ensure that patient data is managed with care and integrity.
This article explores the critical interplay between doctor-patient confidentiality and adherence to pertinent laws, regulations, policies, and codes of practice (PLRC). It examines how these measures safeguard patient privacy, enhance service quality, and uphold the legal and ethical standards that professionals in health and social care must follow. From safeguarding vulnerable adults to regulating access to medical records, these regulations ensure a balanced approach to privacy, protection, and the right to information.
Through an in-depth analysis of key legislation, such as the Access to Health Records Act 1990, the Care Act 2014, and adult safeguarding laws, this article highlights the responsibilities of healthcare professionals in maintaining confidentiality while meeting the needs of patients and carers. The principles and practices outlined here offer a framework for ensuring trust, safety, and excellence in care provision.
Table of Contents
Doctor-Patient Confidentiality or Implementation of PLRC
To protect patient safety, doctor-patient confidentiality is essential. The Health & Social Care Act of 2012 states that it is essential for social workers.
By adhering to pertinent laws, rules, policies, and codes of practice (PLRC), health and social care professionals must also protect confidentiality.
Together, these two elements safeguard sensitive patient data and guarantee the privacy of medical treatment.
Health act Social Care Act 2012 Overview
The Health and Social Care Act of 2012 aims to increase patient-based decision-making, enhance health outcomes, and provide individuals more control over the services they receive. It is a comprehensive law that was drafted in 2009 and went into effect in March 2012.Â
The NHS is being restructured under this legislation, which entails lowering administrative expenses, promoting patient choice, and defining new roles for the Care Quality Commission (CQC).
Health & Social Care workers Roles and Responsibilities
Health and social care professionals hear and view a great deal of private and possibly sensitive patient data as part of their duties and obligations. Under this legislation, it is your duty to make sure that this information is kept private and secure. Preserving this feeling of professional secrecy guarantees the safety of a patient’s confidence.
Changes Made rough the Health and Social Care Act 2012 overview
Many changes took place through the implementation of the Health and Social Care Act 2012. They were:
- Putting doctors in charge of NHS services will enable more efficient allocation and use of funds.
- Creation of Healthwatch to increase patient participation in care delivery services and the NHS
- The elimination of superfluous managerial role tiers
- Giving patients the option to select independent or charitable providers to suit their needs, as long as they can afford NHS expenses
- Clarity regarding the duties, obligations, and responsibility of all social workers and health care providers on a local and national level
Caldicott Principles and Data Protection Act 1998 and 2018 Updated in Accordance with GDPR 2018
Six elements were first outlined by the Caldicott elements in 1997 to ensure patient protection and confidentiality. 2013 saw the introduction of a seventh principle by Dame Fiona Caldicott.
The seven principles are:
- When using confidential information, provide justification for the purpose or purposes.
- Use of private information should only be done when absolutely necessary.
- Use as little private information about the patient as possible.
- Gaining access to private, patient-identified information that is only utilised by those who strictly need to know
- Every employee, whether clinical and non-clinical, should be aware of their duties.
- Recognise and responsibly use patient-identifiable information
- Keep in mind that sharing data can be just as important as protecting it.
The 7 Caldicott principles are accompanied by the 8 principles of Data Protection to further reinforce the protection of patient confidentiality. They are:
Step 01: To handle personal information in compliance with laws and regulations
Step 02: The objective of obtaining personal data must be legitimate and well-defined.
Step 03: Processing personal information must be appropriate and not overly intrusive.
Step 04: Personal information must be accurate and up to date when used or processed.
Step 05: Personal information must never be used for longer than necessary.
Step 06: Processing personal data must adhere to the rights of the data subjects.
Step 07: When using personal data, the appropriate organisational safeguards must be in place to prevent harm and unintentional loss.
Step 08: Personal data cannot be transmitted outside of the EU without legal protections that ensure the rights and freedoms of the designated data subject or subjects.
Overview of the Data Protection Act 1998
The purpose of the Data Protection Act of 1998 was to safeguard personal data and sensitive information. It established guidelines and standards that all organisations must follow by law when managing personal data.Â
This data comes from a variety of sources, including confidential patient-identifiable information and consumer details and addresses. Its ultimate goal is to guarantee that safeguards are established and followed by law.
Overview of the Data Protection Act 2018
The Data Protection Act of 2018 aims to modernise and better define the safeguards and responsibilities included in its 1998 predecessor. The purpose of the 2018 Data Protection Act is to:
- Make it easier and safer for information to be transferred within the EU.
- Encourage the public to have faith that companies are protecting their data and personal information.
- Users and owners of personal data must register with the Information Commissioner.
- Give data subjects greater control over how data controllers handle their information and data.
- Preventing individuals and organisations from keeping and utilising erroneous personal data or information
Any individual or organisation that handles the personal data or information of individuals within the EU and the UK is subject to the Data Protection Act of 2018. Any violation of the act’s requirements is regarded as a criminal offence and may carry a range of harsh consequences.
How Does the Act Differ from GDPR?
The General Data Protection Regulation (GDPR) was brought from EU law into UK law via the Act and is different from the Data Protection Act.
The GDPR states that data subjects hold the right to not be affected by profiling and automated decision making. On the other hand, the Data Protection Act allows this where safeguards are in place and legitimate grounds are proven.
The GDPR and Data Protection Act cover the protection of general data and provide more control of the use of people’s own data. They work together to implement new rights that allow the moving and deleting of their own personal data.
The areas that benefit from this added modification are the:Â
Support of UK organisations and businesses
Preparations for the UK following the leaving of the EU.
Increased control for personal data
Adapted data protection laws for the progressive digital age.
Access to Patient Records Legislations
The Access to Medical Reports Act 1998 (England, Scotland, and Wales) and the Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 are laws that safeguard access to medical and personal reports and files.
The goal of both Acts is to give patients the ability to see their own personal information and medical records.
These laws address the submission of medical reports for insurance coverage purposes, as well as the discussion of those reports and whether they contain any false information.
Code of Practice
The Code of Practice under these acts are as follows:
- To use electronic codes to encrypt patient data access
- To keep documents hidden
- To keep records private from those who don’t need to know
- To guarantee that only those who are permitted to handle records
When Access Should be Limited or Refused
The following circumstances call for restricting or denying access:
- When sharing private information that could be accessed by a third party
- When revealing private information that could be harmful
- When revealing private information to an inappropriate individual that the patient does not anticipate knowing
Aim and Extent of Legislation
The aim and extent of the legislation are as follows:
- To grant people the ability to view their own health records.
- To provide patients with access reports for work and insurance purposes.
- To further provide access to the patient’s GP reports.
- To elucidate or rectify errors in medical or personal data.
Administrative Duties
The administrative duties are:
- Both applicants and the reporting physician are responsible for covering the administrative components of the law.
- Physicians should only submit pertinent and necessary patient information.
- Throughout the administration process, patients can assert their rights.
Individual’s Rights
- Candidates must advise the appropriate patient or patients of their rights with relation to insurance or employment requirements.
- To refuse permission for the petitioner to obtain the necessary medical report.
- To view medical reports prior to their delivery to the applicant.
- To request that inaccurate medical reports be corrected and to give a doctor instructions not to give the applicant the requested report
Employee’s Rights
- Candidates must advise the appropriate patient or patients of their rights with relation to insurance or employment requirements.
- To refuse permission for the petitioner to obtain the necessary medical report.
- To view medical reports prior to their delivery to the applicant.
- To request that inaccurate medical reports be corrected and to give a doctor instructions not to give the applicant the requested report
Employee’s Rights
The following are the employee’s rights under the acts:
- To refuse permission for a candidate or medical expert to view medical records.
- To view the desired medical report or reports prior to its delivery to the applicant or applicants.
Access to Health Records Act 1990
The purpose of the Access to Health information Act of 1990 is to guarantee that certain individuals have the ability to view the medical information of a deceased person or people. “The patient’s personal representative and any person who may have a claim arising out of the patient’s death” refers to specific people.
Created in 1990, this act went into effect in November 1991. It covers the lawful access to a deceased person’s medical records and guarantees that the data will be kept private.
Only records created after May 30, 1994, are subject to the Access to Health Records (Northern Ireland) Order 1993, which only relates to dead patients. According to its responsibilities, access must be granted within 21 days of a request and includes the following:
- Access to the deceased’s personal information so that executors and administrators can perform their responsibilities.
- Access for everyone who has a claim as a result of the deceased person’s passing.
- Protection of the deceased person’s personal information in the event that they did not want it shared.
- Information sharing should be avoided if it could result in major harm.
- Information sharing is prohibited if it might identify a third party that has not given their consent.
- To need permission before employers and insurers can access records, regardless of whether an individual wants or does not
- To fix errors in one’s own personal documents.
- To request a “summary card record,” which uses your NHS records to provide an overall summary of your health
Adult Safeguarding and Support Legislations
To ensure everyone’s safety, adult safeguarding and support are just as important as any other laws. The Adult Support and Protection Act of 2007 was the first to achieve this.
Adult Support and Protection (Scotland) Act 2007
This act, which was created in February 2007, aims to specify that persons over 16 are at risk if they:
- Are vulnerable to harm, either physical or mental.
- Have a disability, a physical or mental condition, or are more susceptible than other adults
- Cannot protect their own interests, rights, sense of belonging, or well-being
This act gives local councils more responsibility to oversee and look into circumstances where harm may be suspected or proven. Additionally, it gives you the ability to:
- Issue protective orders.
- Visit and interview relevant parties.
- View relevant records.
- Schedule medical check-ups/examinations
Principles Underlying the Act
- Individual instances should benefit from interventions that employ the least restricted approach possible.
- Taking into account the feelings and desires of the person or people who are in danger
- Evaluation of the significance of the person or people actively participating
- Realising how crucial it is to treat the person or people fairly
- Taking into account the traits, abilities, and background of the pertinent person or people
Safeguards in Place to Protect the Rights of Individuals
To stop someone from being anywhere, including their own house, an adult who is deemed to be at risk may request a banning order.
A ban, temporary prohibition, or grant may be appealed by pertinent parties.
 A sheriff must consider protection orders unless doing so would put the adult in question in grave danger.
Unless the adult at risk is proven to be under duress to refuse assent, the sheriff is not permitted to issue a protective order without the adult’s consent.
Care Act 2014 (England)
Overview
Officially coming into effect as of 2015, the Care Act 2014 (England) introduced the widest and most impactful reform to care in over 60 years. It introduced the following:
- Increased significance in preventing abuse and neglect of those who are most vulnerable
- Rights for carers that give them access to evaluation, assistance, and legal standing with the people they look after • Tighter rules for medical personnel
- Enhanced sanctions for inadequate care requirements
- Greater focus on local governments in their advice-giving and clarification of public support options
- A greater emphasis on prevention in helping individuals live healthier lives
Principles of the Act 2014
- In every circumstance, one should take into account one’s beliefs, feelings, and preferences.Â
- All pertinent facts and situations should be taken into account while making decisions.
- The approval and participation of pertinent parties should be obtained before making decisions.
- Professionals make sure that the support given has the least possible impact on rights and freedoms.
- Experts guarantee defence and assistance against injury and disregard.
Carers Act 2016 (Scotland)
Created in February 2016, the Carers Act 2016 (Scotland) went into effect in April 2018. Its goal is to help carers maintain their own health and lead fulfilling lives away from providing care.
To improve the wellbeing of carers, the act creates obligations for:
- The needs and welfare of carers who fit local requirements should be supported by local authorities.
- Young Carer Statements (YCS) and customised Adult Carer Support Plans (ACSP) can be used to identify and support the needs of carers.
- The advice and information that local authorities give carers about their rights, maximising their income, emergency and future planning, and advocacy
- If carers need such support, local authorities should think about providing them with planned breaks or breaks from caring.
What will change
- Carers will get help from ACSP and YCS in identifying their individual outcomes.
- Even if carers don’t fit the qualifying requirements, they will still be able to access services and assistance.
- When working with carers of people who have terminal diseases, ACSP and YCS must be finished within a certain amount of time.Â
- An “adult carer” is someone who is 18 years of age or older, and a “young carer” is someone who is younger.Â
- When a patient they are caring for is discharged from the hospital, it is the NHS’s duty to communicate with the carers.
How the Carer Act will Improve Quality of Services Available
More regular support for carers is required to enhance their long-term health results. This is to make sure they can keep giving care.
The statute further stipulates that carers must be involved in the planning and development of the services offered in their community. This maximises the level of care that the carers provide.
Principles of the Act
To increase people’s participation in the planning and provision of service care.
To assist individuals in achieving better health and care.
To strengthen preventative strategies in order to lower future care and health requirements.
To empower people to take charge of their own care and to express their unique needs.
Abortion Legislations
Legislation pertaining to abortion is essential for safeguarding pregnancy choices and outcomes. It is illegal to “procure a miscarriage” or for someone else to help with it, according to the Offences Against the Person Act (OAPA) 1861. These OAPA provisions are made legal by abortion laws, giving women across the country a choice.
Overview
The Abortion Act of 1967 was the first law of its kind to legalise abortions as long as they are carried out by a licensed medical practitioner.
So. The execution of this procedure requires authorisation from two medical professionals, provided that it aligns with one or more of the as follows:
- There is a significant risk the child will be born severely handicapped.
- There is a significant risk to the pregnant woman if the pregnancy continues
- The pregnancy termination is required to prevent serious physical/mental injury to the pregnant woman.
- The pregnancy has a duration of fewer than 24 weeks in length, and the risk of continued pregnancy outweighs the risks of termination.
Human Fertilisation and Embryology Act (1990) Amended in 2008
The Human Fertilisation and Embryology Act of 1990 established a legislative framework to regulate:
- Infertility treatment
- Assisting with infertility treatment medical treatments, such as embryo preservation services
- All human embryology research is conducted in the United Kingdom.
The act aims to establish duties and guidelines pertaining to human embryology for professionals including physicians, scientists, and parents. It controls how human embryos are used, produced, and maintained during “in vitro fertilisation.”
 The Human Fertilisation and Embryology Act of 1990 and the Abortion Act of 1967 were both amended in 2008.
This refers to enhancing the likelihood of conception by fertilising mature eggs with sperm in a laboratory setting.
The first child was created in 1978 using the “in vitro fertilisation” technique, making this act the first of its type.
To summarise
In conclusion, the interplay between confidentiality, legal compliance, and ethical practice forms the backbone of health and social care provision. These principles are essential in fostering trust, safeguarding sensitive information, and ensuring high-quality care delivery. Legislation such as the Health & Social Care Act 2012, the Care Act 2014, the Data Protection Acts of 1998 and 2018, and the Caldicott Principles underscore the critical role of robust policies and ethical frameworks in protecting patient rights and enhancing service standards.
Healthcare professionals are entrusted with the immense responsibility of maintaining confidentiality while adhering to the legal and ethical standards set forth by various laws and codes of practice. By doing so, they not only protect the dignity and privacy of individuals but also ensure a secure and transparent system of care that meets both the expectations of patients and the demands of a modern healthcare environment.
As we continue to navigate an era of digital innovation and changing societal needs, the alignment of ethical practice with robust legislation remains pivotal. Together, these measures provide a foundation for a more inclusive, efficient, and compassionate health and social care system—one that empowers patients, supports carers, and ensures the protection of the most vulnerable in our communities.
