Regulating doctors, ensuring good medical practice

Confidentiality guidance: Disclosures to protect others

  1. 53. Disclosure of personal information about a patient without consent may be justified in the public interest if failure to disclose may expose others
    to a risk of death or serious harm. You should still seek the patient’s consent to disclosure if practicable and consider any reasons given for refusal.

    54. Such a situation might arise, for example, when a disclosure would be likely to assist in the prevention, detection or prosecution of serious crime, 23 especially crimes against the person. When victims of violence refuse police assistance, disclosure may still be justified if others remain at risk, for example, from someone who is prepared to use weapons, or from domestic violence when children or others may be at risk.

    55. If a patient’s refusal to consent to disclosure leaves others exposed to a risk so serious that it outweighs the patient’s and the public interest in maintaining confidentiality, or if it is not practicable or safe to seek the patient’s consent, you should disclose information promptly to an appropriate person or authority. You should inform the patient before disclosing the information, if practicable and safe, even if you intend to disclose without their consent.

    56. You should participate in procedures set up to protect the public from violent and sex offenders. You should co-operate with requests for relevant information about patients who may pose a risk of serious harm to others.24

Core guidance

Supplementary guidance