Medical privacy: Aligning the need to breach patient confidentiality with data protection in the public interest

Abstract

This paper takes an overview of case law legislation and professional guidance to assess when it may be acceptable for medical practitioners to breach patient confidentiality and data protection law in the public interest. It looks at the implications of making such decisions in both a positive and negative light because of what happens if confidentiality is breached in the public interest, but also the implication, on occasion, if it is not. The paper synthesises the often contradictory considerations of the Data Protection Act 2018 and UK General Data Protection Regulation with the wider implications of breaching the common law duty of confidentiality and professional guidance offered by the likes of the British Medical Association, General Medical Council and right back to the Hippocratic Oath. In doing so, it creates a framework in which it is acceptable in many circumstances to breach patient confidentiality while demonstrating that due care and attention are required to ensure the appropriate decisions are made.