Confidentiality and Data Protection


Confidentiality of personal information is a key part of maintaining the dignity of those using health and care services. In addition to the common law duty of medical confidentiality, the Data Protection Act 1998 (DPA) sets out fundamental principles which must be followed when processing and storing personal information.

Consequently, care providers are finding themselves subject to complex and onerous regulation and the Information Commissioner’s Office, which regulates DPA compliance, is imposing increasingly tough sanctions when breaches occur.

Our Healthcare Regulatory team can advise on all aspects of medical confidentiality and health and care record disclosure including disclosure to third parties (relatives, the police and the courts). We can also assist in the preparation of comprehensive ‘Confidentiality and Data Protection’ policies in order to ensure compliance with the relevant statutory framework and minimise the risk of breach.

If you require any further information, Kathryn Riddell, Barry Speker OBE DL or one of our team of healthcare specialist lawyers would be pleased to talk through your requirements and answer any questions. Please contact us at any time.