The consequences of a breach of confidentiality include dealing with the ramifications of lawsuits, loss of business relationships, and employee termination. This occurs when a confidentiality agreement, which is used as a legal tool for businesses and private citizens, is ignored.
Breach of confidentiality can result in legal actions being taken out against you for damages. It can also result in disciplinary action from within the healthcare professional bodies. As a health care professional, you may disclose confidential information if consent is obtained, and in other limited circumstances.
Protected information can be obtained, recorded, used and disclosed for certain purposes as authorised under FA law. It is a criminal offence to disclose protected information without authorisation. A breach of protected information is punishable by a maximum of 2 years imprisonment.
Situations in which confidentiality will need to be broken:
There is disclosure or evidence of physical, sexual or serious emotional abuse or neglect. Suicide is threatened or attempted. There is disclosure or evidence of serious self-harm (including drug or alcohol misuse that may be life-threatening).
For example, two employees talking about confidential client information at a public place could inadvertently disclose that information to a passerby. In such a scenario, these individual employees may face breach of confidentiality consequences due to their actions.
Examples of confidential information are:
Names, dates of birth, addresses, contact details (of staff, clients, patients, pupils, etcetera). Personal bank details and credit card information. Images of staff, pupils or clients that confirm their identity and can be linked to additional personal information.
In addition, you may also be required in limited circumstances to disclose confidential information in legal proceedings in court. An example of breach of confidentiality in aged care includes a home carer leaving a file in his/her car where others may be able to access it or the car may be stolen.
HIPAA's Breach Notification Rule requires covered entities to notify patients when their unsecured protected heath information (PHI) is impermissibly used or disclosed—or “breached,”—in a way that compromises the privacy and security of the PHI.
The Privacy Act 1988 (Privacy Act) is the principal piece of Australian legislation protecting the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information in the federal public sector and in the private sector.
A data breach can easily result in identity theft when sensitive information is exposed to unauthorised individuals. Hackers can use this information to steal a person's identity and commit fraudulent activities, such as opening new accounts or making unauthorised purchases.
Breaches of confidentiality obligations can be a valid reason for dismissal, particularly if the employee has been negligent or careless. Even if the dismissal is not procedurally fair, dismissals for breaches of confidentiality may be upheld as valid where the conduct is serious enough.
A breach of an Australian Privacy Principle is an 'interference with the privacy of an individual' and can lead to regulatory action and penalties.
One of the most important elements of confidentiality is that it helps to build and develop trust. It potentially allows for the free flow of information between the client and worker and acknowledges that a client's personal life and all the issues and problems that they have belong to them.
Explanation: Data encryption is the method of converting plain text to cipher-text and only authorised users can decrypt the message back to plain text. This preserves the confidentiality of data.
Breaking confidentiality refers to times when a therapist shares private client information without the consent of the client. Guidelines may vary from state to state, so please check with your state laws and licensure board regarding state-specific laws and policies related to therapist confidentiality.
One of the most common causes of confidentiality breaches in case management is human error, which can happen due to negligence, lack of training, or stress.
These should include, for example: Ensuring that confidential information is always locked away at night, and not left unattended during the day; Password-protecting sensitive computer files; Marking confidential information clearly as such, and ensuring that paper copies are shredded before disposal; and.