Privacy and Confidentiality
Page 1: Introduction
La Trobe University
Course: Healthcare Ethics and Law
Topic: Privacy and Confidentiality
Page 2: Objectives
Review and explain confidentiality and privacy in healthcare.
Explore ethical stands related to confidentiality and privacy.
Page 3: Confidentiality
Origin: Latin 'fide' meaning trust.
Requirement in healthcare to keep patient information private.
Legally and ethically upheld.
Australia: Privacy Act 1988; general understanding of duty of confidentiality.
Singapore: Personal Data Protection Act 2012; applicable to healthcare.
Historically viewed as absolute, but breaches can be morally compelling/legal.
Page 4: The Ethical Viewpoint
Consequentialist Argument
Confidentiality encourages patients to seek treatment (embarrassing or illegal issues).
Leads to proper diagnosis and treatment (utilitarian justification).
Respect for Autonomy Argument
Individuals must control their information disclosure for personal freedom.
Page 5: Fidelity
Fidelity (promise-keeping) as an ethical principle linked to trust.
Professional codes emphasize maintaining confidentiality and privacy.
Page 6: Professional Codes & Confidentiality
ICN Code of Ethics (2021): Nurses maintain confidentiality.
NMBA Code of Professional Conduct (2018): Treat personal info confidentially, exceptions apply for law or emergency care.
Page 7: Breach of Confidentiality
Breaches allowed to prevent harm to innocent persons.
Potential victims' right to know if they are at risk.
Respect for autonomy may necessitate breaches if it protects others.
Page 8: Breach of Confidentiality - Challenges
Confidentiality viewed as ideal, not absolute.
Moral considerations may override confidentiality.
Right to confidentiality forfeited to prevent harm to innocent others.
Page 9: Breach of Confidentiality - When Allowed
To protect from potentially violent persons.
Disclosure of HIV status and infectious diseases to partners or the public at risk.
Page 10: Legislation Regarding Breaches
Various state and federal acts regulate the disclosure of information (e.g., Health Records Act 2001).
Page 11: Privacy
Privacy linked with confidentiality; control over personal information.
Privacy concerns deal with access control; confidentiality deals with use/disclosure control.
Page 12: Privacy in Australia
ACT's Health Privacy Principles allow collection/disclosure to prevent serious threats.
Commonwealth Privacy Act 1988 holds similar provisions.
Page 13: Electronic Medical Records
Shift to electronic health records (My Health Record) in Australia.
Patients have access and some control over shared information.
Unique privacy and confidentiality issues arise from E-records.
Page 14: Social Media
Prevalence
Growing use of social media platforms creates ethical challenges for healthcare.
Challenges
Potential violations of ethical standards with online interactions.
Page 15: Social Media Cont.
Examples of Risks
Texting prescriptions or using social media may violate guidelines.
Legal implications arise from mishandling patient info online.
Page 16: Consequences of Breaches
Breaches of ethics can lead to registration consequences.
Individual liability for serious breaches may result in defamation or registration issues.
Summary
Avoid sharing patient-related information personally unless legally obligated and authorized.
Page 17: References
Various sources on ethics, law, and confidentiality in healthcare practices.
Page 18: References Continued
Continuation of references supporting the discussed topics.
Page 19: Conclusion
La Trobe University
Thank You!