Maintain Confidentiality of Records and Information in Line With Statutory and/or Organisational Policies

Maintain confidentiality of records

A degree of confidentiality exists in all professions and organisations and, it has legal consequences for everyone involved in the medical/health profession. It is very important that you understand what confidentiality means and how you should handle various situations.

What do you think is meant by the term 'confidentiality'? What does it mean when someone tells you something 'in confidence'? Has there been a time in your life when you told somebody something in confidence and later found you couldn't trust them? Has there been a time when you have heard gossip about someone or something they have done which you felt they might not want spread around?

'Confidentiality' is another way of saying 'secrecy'. Confidentiality requires trust. If someone wants something to remain confidential, they want it to be kept a secret or treated as a private matter. As someone who is privy to confidential information, no matter what it might be, you are in a position of trust. As a first-aider this goes beyond your personal needs. You are trusted not to divulge confidential information to anyone, unless directed by management or given permission to do so by the patient.

You can breach confidentiality by:

• Showing or giving records to people within or outside the workplace without the patient's written consent
• Talking about patients or leaving records lying about
• Discussing a patient with someone over the telephone

National Privacy Act

One of the most important pieces of legislation for the health industry is the National Privacy Act. The Privacy Act (Private Sector) 2000, formally the Privacy Act 1988, includes the 10 National Privacy Principles that became effective from December 2001. These principles set the minimum standard that health service providers must abide by when they collect, use, disclose and store patient information.

Whether you are working in the public sector or the private sector, if you are working with patient records, either clinical or financial, you are legally obligated to observe confidentiality and privacy of information according to the Privacy Act.

The Internet site to visit for these principles is http://www.privacy.gov.au/health/pubs/index.html#2

Privacy principles

The NSW Privacy Committee Data Protection Principles outline the privacy principles that all NSW community services organisations must follow. These guidelines are to protect client rights and ensure that only essential information about the client is collected.

• Collect information directly from the client, except if:
  • The client agrees otherwise
  • The other information source also follows these principles
• Make sure the client knows whether it is compulsory or optional to give the information.
• Make sure the client knows the purpose for collecting the information.
• Make sure the client knows who you usually pass information on to (and who they usually pass it on to).
• Make sure the client can look at and correct their information (unless the law stops this), and the client knows this right.
• Make sure the information is actually needed for your purpose.
• Limit your use of the information to:
  • The purpose you collected it for
  • Other purposes with the client's consent
  • Preventing harm to the client or someone else
• Make sure the information is accurate, up-to-date and complete.
• Make sure the information is protected from unauthorised access.
• Make sure the information is kept for no longer than necessary for the purpose it was collected for.
• Make sure that the information is only used or disclosed with the freely given, clear written consent of the client if the information concerns their:
  • Ethnic or racial origin
  • Political opinions
  • Religious or philosophical beliefs
  • Trade union membership
  • Health
  • Sexual life