types of law confidentiality and consent

Statutory law

Law made by the state through Parliament or legally devolved powers to regulatory bodies

Common law

Law developed from previous court decisions and judicial precedent

Primary legislation

Acts of Parliament that create the main legal framework

Secondary legislation

Regulations or statutory instruments made under powers given by an Act

Medicines Act 1968

Key legislation controlling the manufacture and supply of medicines

Misuse of Drugs Act 1971

Act controlling controlled drugs and making certain activities criminal offences

Misuse of Drugs Regulations 2001

Regulations setting out lawful possession, supply and record-keeping for controlled drugs

Human Medicines Regulations 2012

Regulations governing the sale, supply and administration of medicines

Pharmacy Order 2010

Legislation setting out the powers and functions of the GPhC

Criminal law

Law dealing with offences against the state and punishment of crimes

Criminal offence

A breach of law that may result in prosecution, conviction, and a criminal record

Civil law

Law regulating disputes between individuals or organisations

Claimant

The person who brings a civil claim

Defendant

The person or organisation against whom a civil claim is brought

Tort

A civil wrong that causes harm or loss to another person

Negligence

Failure to provide an appropriate duty of care resulting in harm

Breach of confidentiality

Unlawful or unjustified disclosure of confidential information

Administrative law

Law controlling how public bodies exercise their powers and deliver services

Professional regulation

Legal framework governing professional conduct and fitness to practise

GPhC

General Pharmaceutical Council, the regulator for pharmacy professionals

Fitness to Practise

Assessment of whether a pharmacy professional is fit to remain on the register

Duty of confidence

Legal and ethical obligation to keep patient information confidential

Confidential information

Information given in circumstances where confidentiality is expected

Data Protection Act 2018

UK law governing the processing of personal data

GDPR

EU regulation setting rules for lawful processing of personal data

Human Rights Act 1998

Act protecting the right to respect for private and family life

Disclosure with consent

Sharing information with permission of the patient or their representative

Disclosure without consent

Sharing information when legally required or justified

Need to know basis

Limiting information sharing to what is necessary for a specific purpose

Public interest disclosure

Sharing information to prevent serious harm or serious crime

Consent

Permission given by a patient for a treatment or procedure

Moral function of consent

Respecting patient autonomy and involvement in decisions

Clinical function of consent

Supporting patient understanding, trust, and cooperation

Legal function of consent

Providing legal justification for treatment and protection from claims

Valid consent

Consent that is voluntary, informed, given by a person with capacity, and specific

Voluntary consent

Consent given without pressure or coercion

Informed consent

Consent given after receiving adequate information about risks and benefits

Capacity

Ability to understand, retain, and weigh information to make a decision

Specific consent

Consent that relates to a particular treatment or intervention

Assault or battery

Providing treatment without valid consent

Professional standards

Rules set by the GPhC governing conduct, ethics, and performance

Confidentiality in practice

Requirement to protect patient information during placements and training