The importance of confidentiality
The relationship between dentist and patient is based on the understanding that any information revealed by the patient to the dentist will not be divulged without the patient’s consent. Patients have the right to privacy and it is vital that they give the dentist full information on their state of health to ensure that treatment is carried out safely. The intensely personal nature of health information means that many patients would be reluctant to provide the dentist with information if they were not sure that it would not be passed on. If confidentiality is breached, the dentist/dental hygienist/dental therapist/dental nurse faces investigation by the General Dental Council and possible erasure from the Dentists or DCP Register; and may also face legal action by the patient for damages and, for dentists, prosecution for breach of the 1998 Data Protection Act.
General Dental Council
All staff must follow the General Dental Council’s rules for maintaining patient confidentiality contained in Standards for dental professionals and Principles of patient confidentiality.
If confidentiality is breached, each registered dental professional involved is responsible to the Council for their individual conduct.
What is personal information?
In a dental context, personal information held by a dentist about a patient includes:
- The patient’s name, current and previous addresses, bank account/credit card details, telephone number/e-mail address and other means of personal identification such as physical description
- Information that the individual is or has been a patient of the practice or attended, cancelled or failed to attend an appointment on a certain day
- Information concerning the patient’s physical, mental or oral health or condition
- Information about the treatment that is planned, is being or has been provided
- Information about family members and personal circumstances supplied by the patient to others
- The amount that was paid for treatment, the amount owing or the fact that the patient is a debtor to the practice.Principles of confidentiality
- This practice has adopted the following three principles of confidentiality. Personal information about a patient:
- Is confidential in respect of that patient and to those providing the patient with health care
- Should only be disclosed to those who would be unable to provide effective care and treatment without that information (the need-to-know concept) and
- Such information should not be disclosed to third parties without the consent of the patient except in certain specific circumstances described in this policy.Disclosures to third partiesWhen disclosure is in the public interestWhen disclosure can be made
- There are circumstances when personal information can be disclosed:
- There are certain circumstances where the wider public interest outweighs the rights of the patient to confidentiality. This might include cases where disclosure would prevent a serious future risk to the public or assist in the prevention or prosecution of serious crime.
- There are certain restricted circumstances in which a dentist may decide to disclose information to a third party or may be required to disclose by law. Responsibility for disclosure rests with the patient’s dentist and under no circumstances can any other member of staff make a decision to disclose. A brief summary of the circumstances is given below.
- Where expressly the patient has given consent to the disclosure
- Where disclosure is necessary for the purpose of enabling someone else to provide health care to the patient and the patient has consented to this sharing of information
- Where disclosure is required by statute or is ordered by a court of law
- Where disclosure is necessary for a dentist to pursue a bona-fide legal claim against a patient, when disclosure to a solicitor, court or debt collecting agency may be necessary.Disclosure of information necessary in order to provide care and for the functioning of the NHS
- Information may need to be disclosed to third party organisations to ensure the provision of care and the proper functioning of the NHS. In practical terms this type of disclosure means:
- Referral of the patient to another dentist or health care provider such as a hospital.
Data protection code of practice
The practice’s data protection code of practice provides the required procedures to ensure that we comply with the 1998 Data Protection Act. It is a condition of engagement that everyone at the practice complies with the code of practice.
Access to records
Patients have the right of access to their health records held on paper or on computer. A request from a patient to see records or for a copy must be referred to the patient’s dentist. The patient should be given the opportunity of coming into the practice to discuss the records and will then be given a photocopy. Care should be taken to ensure that the individual seeking access is the patient in question and where necessary the practice will seek information from the patient to confirm identity. The copy of the record must be supplied within 40 days of payment of the fee and receipt of identifying information if this is requested.
Access may be obtained by making a request in writing and the payment of a fee for access of up to £10 (for records held on computer) or £50 (for those held manually or for computer-held records with non-computer radiographs). We will provide a copy of the record within 40 days of the request and fee (where payable) and an explanation of your record should you require it.