Confidentiality in Care: Legal Duties and Best Practice

Confidentiality lies at the heart of trust in health and social care. Whether you’re supporting someone with personal care needs or managing sensitive information in a clinical setting, the way information is handled can have serious legal and ethical implications.

Knowing when to share details—and when to keep them private—isn’t just good practice; it’s a legal responsibility. This article explores what confidentiality means in a care context, how information should be shared appropriately among professionals, and the key pieces of legislation that shape these duties.

From the Human Rights Act 1998 to the Data Protection Act 2018, we’ll unpack the laws that govern confidentiality in care, and consider the rare but important circumstances where breaking confidentiality may be justified.

“According to a Journal of the American Medical Informatics Association study (2019), patients who trust their healthcare providers to maintain confidentiality are significantly less likely to withhold important health information, leading to better care outcomes (Campos-Castillo & Anthony, 2019).”

What Is Confidentiality?

Confidentiality’s core themes are privacy and honouring someone’s desires. It implies that unless the individual has given permission or it is absolutely required, professionals should not divulge personal information about them to third parties.

The obligation of an individual to refrain from disclosing private information to third parties unless the other party has given their express approval is known as confidentiality.

The conditions in which a professional, such a doctor or nurse, may divulge information about a patient or customer are restricted by rules and regulations, while other scenarios may be deemed confidential through the use of a contract.

Sensitive personal information that is not already legally in the public domain or easily accessible from another public source and that has been shared in a relationship where the person providing the information could reasonably expect it to remain private is considered confidential information.

Any information that identifies a person and provides specifics about their health or treatment plan is considered confidential.

Maintaining the greatest levels of secrecy is essential when working with patients in medical treatment since this kind of information is delicate.

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Confidentiality: Sharing Information Amongst Care Workers

Information sharing between members of a team of social workers and health professionals may be required if they are assisting a person who lacks ability. Should the person not be able to give their consent to release this information, then:

The decision-maker has to act in the best interests of the group.
They should only divulge information that is necessary for others to deliver a sufficient standard of care.
Just as a capability evaluation pertains to a single decision, the choice to provide the knowledge pertains to a single situation.

Confidentiality: Attorneys and Legislation

The designated lawyer should, if feasible, be advised regarding what information to reveal if the person has a personal welfare Lasting Power of Attorney.

The lawyer must be briefed after the emergency explaining why the decisions and actions were in the best interests of the person if there is no chance to question them in a time-sensitive circumstance.

There are some laws relating to the concept of confidentiality:

The Human Rights Act 1998
The Care Act 2014
The Health and Social Care (Safety and Quality) Act 2015
The Data Protection Act 2018 and the GDPR.

The Human Rights Act 1998

Every person has the right to have their private life respected under the Human Rights Act. This entails keeping any private information private. However, this right is not infallible and may be waived in certain situations, such as when a safeguarding concern arises.

The Care Act 2014

When protecting vulnerable adults, those working in the care industry are encouraged by the Care Act to adopt a person-centred approach. By highlighting the significance of early information sharing to keep people safe, it also creates a new paradigm for adult social care.

The Health and Social Care (Safety and Quality) Act 2015

Numerous provisions pertaining to health and social care services are outlined in this Act. The integration of data about health and social care users is covered under the Health and Social Care (Safety and Quality) Act of 2015. Information exchange for users of health and social care services is also included.

Data Protection Act 2018

The Data Protection Act 2018 outlines the data protection principles’ that must be followed, such as:

Data use must be equitable, open, and compliant with the law.
The information must be gathered and handled with a clear goal in mind.
It must be sufficient yet restricted to what is required.
Data must be updated and kept for as little time as necessary.
Data security and safety must be maintained.

The Information Commissioner protects the rights of the public on data privacy matters.

According to the Data Protection Act, personal information must be:

Processed in a fair, open, and legal manner
Collected for clear, specific, and justifiable purposes
Pertinent, sufficient, and restricted to what is necessary for the reasons it was gathered
Correct and up-to-date
Not retained for more time than is required
Processed with the proper security, which includes safeguards against unintentional loss

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When Can You Break Confidentiality?

If it is done to safeguard the public’s or patients’ best interests, you may be able to relax your duty of secrecy in some situations. You can abdicate your obligation if

Your information suggests that a patient is at risk of being harmed
Your information suggests that a patient is posing a threat to somebody else

You should always voice your concerns to your manager in these situations. Any additional steps that are done to lower the risk of injury should also involve your participation.

Conclusion

Navigating confidentiality in health and social care isn’t always straightforward but it is essential. Whether you’re balancing ethical considerations, legal requirements, or practical concerns, the way you manage sensitive information speaks directly to the quality and integrity of care provided.

From determining what can be shared within a multidisciplinary team to understanding the legal boundaries that permit disclosure, each situation demands careful thought and clear justification. While confidentiality is generally a cornerstone of respectful care, it is not absolute.

Knowing how to assess situations where safety overrides privacy is just as important as knowing when to keep information strictly under wraps. Ultimately, good judgement, informed by legal knowledge and professional guidance, ensures that confidentiality is upheld for the right reasons and only breached when absolutely necessary.

Frequently Asked Questions

What does confidentiality mean in a care setting?

Confidentiality in a care setting means protecting any personal or sensitive information shared by a patient or service user. This includes medical history, treatment plans, or any private details disclosed during care. Care professionals must ensure that this information is only accessed by those who are authorised and directly involved in the individual’s care.

Confidentiality is vital because it helps build trust between care providers and service users. When individuals feel confident that their information will be kept private, they are more likely to share important details that can affect their care. Maintaining confidentiality also ensures that organisations follow UK laws such as the Data Protection Act 2018 and GDPR.

When can confidential information be legally shared in care?

There are specific situations when confidential information can be shared legally. These include when the person gives informed consent, when there is a legal obligation to share it, such as in safeguarding cases, or when it is necessary to prevent serious harm or protect public safety. Even then, information should be shared responsibly, and the reasons must be properly recorded.

What are the legal responsibilities of care workers regarding confidentiality?

Care workers are legally required to protect the personal information of those they support. This means they must follow data protection laws, use secure methods to store and transmit data, and never share private details without proper authorisation. If a care worker breaches confidentiality, they could face disciplinary action, legal consequences, or dismissal.

How can care providers ensure best practice in maintaining confidentiality?

Care providers can maintain best practice by regularly training staff on confidentiality procedures, using secure storage for records, and ensuring conversations about personal information happen in private spaces. They should also make sure that only those who need access to the information can view it and that any data shared is done so in line with legal and ethical standards.

What should I do if I witness a confidentiality breach in a care setting?

If you witness a breach of confidentiality, it is your responsibility to report it immediately to a supervisor or the appropriate authority in your organisation. Document what happened as clearly as possible and follow the procedures set out in your workplace’s confidentiality and safeguarding policies. Acting quickly helps protect individuals and ensures legal compliance.