Confidentiality guidance: Disclosures required by law

Disclosures required by statute

1. 17. You must disclose information to satisfy a specific statutory requirement, such as notification of a known or suspected case of certain infectious diseases.⁶
2. 18. Various regulatory bodies have statutory powers to access patients’ records as part of their duties to investigate complaints, accidents or health professionals’ fitness to practise. You should satisfy yourself that any disclosure sought is required by law or can be justified in the public interest. Many regulatory bodies have codes of practice governing how they will access and use personal information.
3. 19. Whenever practicable, you should inform patients about such disclosures, unless that would undermine the purpose, even if their consent is not required.
4. 20. Patient records or other personal information may be required by the GMC or other statutory regulators for an investigation into a healthcare professional’s fitness to practise. If information is requested, but not required by law, or if you are referring concerns about a health professional to a regulatory body, you must, if practicable, seek the patient’s express consent before disclosing personal information. If a patient refuses to consent, or if it is not practicable to seek their consent, you should contact the appropriate regulatory body, to help you decide whether the disclosure can be justified in the public interest.⁷

Disclosures to courts or in connection with litigation

1. 21. You must disclose information if ordered to do so by a judge or presiding officer of a court. You should object to the judge or the presiding officer if attempts are made to compel you to disclose what appears to you to be irrelevant information, such as information about a patient’s relative who is not involved in the proceedings.
2. 22. You must not disclose personal information to a third party such as a solicitor,⁸ police officer or officer of a court without the patient’s express consent, unless it is required by law or can be justified in the public interest.
3. 23. In Scotland, the system of precognition means there can be limited disclosure of information in advance of a criminal trial, to both the Crown and Defence, without the patient’s express consent. The disclosure must be confined solely to the nature of injuries, the patient’s mental state, or pre-existing conditions or health, documented by the examining doctor, and their likely causes. If they want further information, either side may apply to the court to take a precognition on oath. If that happens, you will be given advance warning and you should seek legal advice about what you can and cannot disclose.