A classic example of a breach of confidentiality is mistakenly sending Client A an email that was meant for Client B. In this instance, you've shared Client B's sensitive information with a third party without their consent. This could either be by you as the business owner or one of your employees.
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.
A breach of confidentiality, or violation of confidentiality, is the unauthorized disclosure of confidential information. It may happen in writing, orally, or during an informal meeting between the parties.
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.
1. You are a danger to yourself and threaten to harm yourself (e.g., suicidal). 2. You threaten to harm another specific person (e.g., assault, kill).
Breach of the duty of confidence
A recipient of confidential information will breach the duty of confidence where they use the confidential information in an unauthorised way, to the detriment of the owner of that information.
Breach of confidence is the breach of a duty which can give rise to a civil claim1. Breach of confidence will usually arise in connection with the disclosure of information which has a commercial value, but can also include personal information about individuals.
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.
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).
exposing workers to the risk of excessive noise. working at heights where the risk of falling is not controlled. allowing unlicensed operators to use specified equipment (e.g. forklifts) not ensuring that plant is appropriately guarded to eliminate or minimise exposure of workers to moving parts.
Some information is always confidential, such as information about someone's health or medical history, especially if given to a healthcare professional. The formal status of other information may be less clear, and gossip would be a good example of this.
The eight Caldicott principles are listed below as follows:
Justify the purpose for using confidential information. Don't use personal confidential data unless absolutely necessary. Use the minimum necessary personal confidential data. Access to personal confidential data should be on a strictly need-to-know basis.
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.
You should be clear about precisely what kind of information is confidential and what your employees can and cannot discuss outside the workplace. Secondly, your employment agreements should include detailed confidentiality clauses which set out your employees' obligations.
Exceptions to the general rule of confidentiality
A client tells you they have committed a serious crime – Serious crime covers offences such as drug trafficking, serious assaults, sexual assaults, murder and manslaughter. It does not include minor possession offences or any offences under public health legislation.
In Case of Danger
In order to prevent a violent act, such as a suicide, a professional can reveal information that is normally protected by professional secrecy. The professional must believe that a person, or an identifiable group of people, is at imminent risk of death or serious injury.
Clients who cannot trust professionals to treat information as confidential may withhold information that is important to assessment and treatment. When professionals disregard the privacy of their clients, the clients are injured in obvious and/or subtle ways.
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.