Legal and moral aspects English Nineteenth Century Philosopher, John Stuart Mill: ‘As soon as any part of a person’s conduct affects prejudicially the interests of others, society has jurisdiction over it’

Legal and moral aspects European Convention on Human Rights in Article 8: 1. Everyone shall have the right to privacy of home, family life and correspondence 2. There shall be no interference by a public authority with this right save such as is in accordance with the law and is necessary in a democratic society in the interests of public safety, the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. [Emphasis added]

Duty of Confidence Exceptions Consent Public interest/public good –Protection of the public –Protection of a third party Statutory permissible exceptions

Duty of Confidence Exceptions Consent –Express –Implied –Professional guidelines

Duty of Confidence Exceptions Public interest –Protection of the public »W v Egdell (1990) »AG v Guardian Newspapers (No 2) (1990) –Protection of a third party »Torasoff v Regents of the University of California (1976) »Palmer v Tees Health Authority (1999) –Professional guidelines

Duty of Confidence Exceptions Public interest/public good –Protection of the public »W v Egdell (1990) »AG v Guardian Newspapers (No 2) (1990) “although there is a public interest in preserving confidences which should be preserved and protected by law, nevertheless that public interest may be outweighed by some other countervailing public interest which favours disclosure” Lord Goff

Duty of Confidence Exceptions Public interest/public good –Protection of a third party »Torasoff v Regents of the University of California (1976) (US case) »Garamella v. New York Medical College (1998) (US case) »Palmer v Tees Health Authority (1999) –Professional guidelines »GMC Confidentiality: Protecting and Providing Information April 2004

Duty of Confidence Exceptions Statutory exceptions include: –Public Health (Control of Disease) Act 1984 –Abortion Act 1967 (Abortion Regulations (1991); Human Fertilisation and Embryology Act 1990 (amended by the Human Fertilisation and Embryology (Disclosure of Information) Act 1992; National Health Service (Venereal Diseases) Regulations 1974; Human Organs Transplant Act 1989 –Terrorism Act 2000 –Road Traffic Act 1988 –Police and Criminal Evidence Act 1984 –Court Orders

Duty of Confidence Exceptions Statutory exceptions –Public Health (Control of Disease) Act 1984 »Notifiable diseases, e.g. cholera; smallpox; typhus

Duty of Confidence HIV and confidentiality Statute law –Public Health (Infectious Diseases) Regulations 1987 –AIDS (Control Act) 1987 Public interest »X v Y (1988) »H (A Healthcare Worker) v Associated Newspapers Ltd: H (A Healthcare Worker) v N (A Health Authority (2002) Professional guidelines –National Health : Guidance on the Management of AIDS/HIV Infected Health Care Workers and Patient Notification –GMC: Serious Communicable Diseases October 1997