Rule 1: Confidential information about service users or patients should be treated confidentially and respectfully

Underpinning the law and professional codes of practice, there are basic issues of right and wrong. It is right to respect people’s privacy and wrong to betray their confidence. Prying and gossiping are recognised as unethical in all settings and in all walks of life.

The duty of confidentiality is based on trust and respect and this is fundamental to safe and effective care. An environment of trust encourages people to be open and honest with those who care for them and to provide all the details necessary so that they receive the best care possible. People need to trust that their confidential information is safe when confidential in a doctor, nurse, social worker or other professional.

In the unlikely event that confidential information about an individual is inappropriately disclosed, the individual should always receive an explanation and an apology from the individual or the organisation responsible.

Preserving privacy and confidential  is essential for health and social care professionals. Organisations should recognise that the professionals they employ are accountable to their regulators for protecting confidentiality. This guide is consistent with regulatory advice although some regulators may impose additional obligations⁶.

Organisations need to recognise professional standards and avoid imposing contradictory rules. Professionals need to maintain the trust of individuals and the public. They risk being disciplined and struck off a professional register if they fail to do so by breaching confidentiality. Organisations should ensure that equivalent organisational rules apply to non-regulated staff, such as administration and management staff, as part of their contract of employment obligations.

A key part of the trust relationship is ensuring that the care record (including elements such as x-rays and test results, not just paper and computerised case notes or records) is complete, accurate and fi for purpose. Information is not safe if it is not accurate. It is the responsibility of each member of the care team to ensure this. They should collect the confidential information in a way that makes it easy to share relevant information appropriately. There should be systems in place to ensure information is available when it is needed in a timely manner. Aided by good clear records, service users and patients can fully participate in decisions about their care⁷.