Qualification: Level 4 Diploma in Adult Care
Unit: Advanced communication skills
Learning outcome: Understand the importance of confidentiality in interactions with individuals
Assessment criteria: 5.1 Analyse legal and ethical tensions between maintaining confidentiality and sharing information
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- All health and care workers have a legal responsibility to ensure that they keep private information about the individuals that they work with confidential
- Legislation, regulation and standards relating to confidentiality include:
- Data Protection Act 2018 (and GDPR)
- Common law duty of confidentiality
- The 5 Caldicott Principles
- CQC Fundamental Standards
- Human Rights Act 1998
- Mental Capacity Act 2015
- However, sometimes information may need to be shared with others (e.g. if an individual discloses to you that they have been abused or you feel that not sharing information will result in somebody being harmed)
- You should always explain to the individual that you have a duty to share the information with others and try to obtain their consent
- This may result in tensions in the relationship you have with the individual
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