Variation In Privacy And Confidentiality Concept In Healthcare Settings

Variation in privacy and confidentiality concept

Discuss the variation in privacy and confidentiality concept.

In health care areas, ethics are considered to be the most important part of the patient’s care. The practices of the various paramedical staff reflect the value of ethics, as well as, moral parameters that are being valued during the provision of compassionate care to the patient. Currently the concept and idea of confidentiality are under high debate in the health care settings. The concept of confidentiality ponders that whether the private information of the patient should be kept confidential or can be shared among various medical, as well as, paramedical staff for better health care provision, improved quality, as well as, for audit or research purposes. Ethical health research, as well as, privacy protections both can provide valuable advantages to the society. Research with respect to health is vital to the improvement of the human health, as well as, the health care. Moreover, protecting patients that are involved in the process of research from harm, as well as, preserving their rights is very important to ethical research (Maliapen, 2009). The foremost justification in the protection of the personal privacy is related to the protection of the interests of concerned individuals. While in contrary, the primary justification related to the collection of the personal identifiable health information used in the health research is beneficial to the society. But it is very necessary that no information about the patient or individual should be used in any activity without his/her prior consent and we should respect the privacy and confidentiality of every individual irrespective of caste, color, creed, as well as, social or economic status (Magnusson, 2010). 

Initially, using names, taking samples, as well as, using them for future research without the consent of the individual was not considered to be the part of the breaching any confidentiality. These parameters were used and were considered that they did not violate any kind of legal standards related to the health care settings. However, there are changes in the rules and they all have changed since then, as well as, they all are still changing (Willison, 2000). As per the National Institutes of Health, there are recent modifications in the requirements for consent that should be kept in mind prior to use of tissues, as well as, all the related medical data,  personal information to be used in the research. In the present times, one of the important fundamental principles used in the work of clinical research and care is respect for individuals. Privacy and confidentiality, nowadays, are considered to be the most important part in the health care setting (Serour, 2006).

In the past, there were no such adoption of regulations, as well as, the ethical guidelines that were used and followed for biomedical research. However, today, in the present times, there is generally the requirements which the researchers have to obtain which includes the voluntary, as well as, informed consent from the concerned individuals before carrying out or using any kind of personal information in the biomedical experiments and research (Laurie, 2001). There has been significant development of the ethical, as well as, legal governance in relation to the one’s privacy and confidentiality in the present times. Any kind of breach in these laws is an offense and necessary steps are undertaken in that case. For instance, there is a development of the Nuremburg Code that advocates for informed, voluntary participation, as well as, consent of the individual in the medical research. Moreover, the passage of the Health Insurance Portability and Accountability Act and its federal regulations was prompted to ensure privacy, as well as, protection of all the personal data and records in an environment of maintaining the electronic medical records, as well as, third-party insurance bodies (Murray, Calhoun, & Philipsen, 2011).

Maintenance of confidentiality and privacy in healthcare

Patient confidentiality, nowadays, is considered to be the important part of the health care system and it means that all the personal, as well as, the medical information provided to the health care practitioner and other concerned staff members will not be leaked or disclosed to others without the prior consent and specific permission that is given by the individual such release. As the disclosure of any kind of personal information may cause personal or professional problems, patients completely rely on their physicians to keep all of their medical data and information private. However, it is very rare for keeping all the medical records completely sealed (“Patient Privacy and Mental Health Care in the Rural Setting”, 2011). The most common and benign breach related to the privacy and confidentiality occurs when clinicians used to share the medical information of the individuals as case studies. The data shared by the physicians is when published in different professional journals it is made sure that the identity of the concerned individual is never divulged, and moreover, all the identifying data and elements is either changed or eliminated. If this confidentiality and privacy are breached in terms of any parameters, the individuals have the right to sue. Hence, if this case could have occurred in present times, the individual and her family have the right to file the case against the researchers for using her name without her prior permission or consent. At that time, consent or permission was neither important and required nor was sought customarily. However, at present times, the use of identifiable elements such as the name, address of the individual are considered to breach the confidentiality and privacy of the individual and is a punishable offense (Loebel, 2003).

Though in the previous times, the consent and permission was not required and did not violate any kind of legal regulations, these kind of acts in the present times is considered to be a breach. The new international standard of editorial policy makes it necessary to have a written informed consent provided by the subject involved in every case report. New federal policies related to the privacy and confidentiality of the patients have been imposed that gives the right to the patient over their privacy and confidentiality. If this case could have happened in the present times, the civil or criminal penalties could be imposed on the concerned authors for using the name and hence creating the privacy violation. These rules and regulations became enforceable in the year 2003 and any such kind of violations or breaches is liable to the penalty that can include the fine or the imprisonment or both depending on the criticality of the violation.

The recent imposition of these rules and regulations related to the patient’s confidentiality is aimed at maintaining the privacy of the individual and to avoid any kind of breaches. Hence, direct authorization must be gained from the individual prior the release of the information that has been used. Any breach that affects the privacy of the patient is a punishable offense under the new sets of rules and regulations (Francis & Francis, 2014). Like in this case, as there is breach regarding personal information, the concerned individual or family members can undergo the disciplinary proceedings with the GMC, criminal proceedings, or the civil proceedings.  Hence, in the present times, breaching confidentiality and privacy fail to respect the autonomy of the patient. Moreover, the violation of confidentiality of the patient is the form of betrayal. Therefore, patients have the right to privacy, as well as, confidentiality that has recently been changed and frequently been demonstrated in the specific areas as per the common law, as well as, outlined in the statute law. This kind of breaches was not considered to be violations of any legal laws and hence, were not liable to any penalty or punishments. However, changes in the federal laws and regulations have given the right to the patient, which in turn promotes the maintenance of the privacy and confidentiality of the individual (Foster, 2014).

Conclusion

Privacy, as well as, confidentiality, is basic rights of the individuals in our society. The safeguarding of those rights, regarding to the individual’s personal data and health information, is the ethical, as well as, the legal obligation that should be followed by the health care providers. Nowadays, there occurs a widespread agreement related to the interests of participants regarding the protection of their privacy, as well as, the corresponding duties of all the researchers meet these standards and to treat the subjects’ personal information and data in a confidential way. Indeed, the confidentiality and respect for the privacy of the individual in the research is an ethical standard and norm, which is internationally recognized (Martin, 2001). Failure to comply with these rules and regulations related to the safeguarding of the one’s privacy and confidentiality can result in civil, as well as, criminal penalties. Though these kind of information was not considered to get the consent of the concerned individual in the past, but in the present times it is considered as the important part to get the prior consent of the subject involved in the case studies or articles. Any kind of violations and breaches related to these are liable to the penalties depending upon the nature, as well as, the extent of the breach or violation (“Confidentiality of patient care records and a patient’s rights to medical privacy,” 2006).

References

Confidentiality of patient care records and a patient’s rights to medical privacy. (2006). Médecine & Droit, 2006, 25-27.

Foster, S. (2014). Confidentiality and Patients’ Rights. IJMHCL, (7), 229.

Francis, J. & Francis, L. (2014). Privacy, Confidentiality, and Justice. J Soc Philos, 45(3), 408-431.

Laurie, G. (2001). Challenging Medical-Legal Norms: The Role Of Autonomy, Confidentiality, And Privacy In Protecting Individual And Familial Group Rights In Genetic Information. Journal Of Legal Medicine, 22(1), 1-54.

Loebel, J. (2003). Privacy and Confidentiality in Mental Health Care. Journal Of Psychosomatic Research, 55(2), 107.

Magnusson, R. (2010). Privacy, confidentiality and HIV/AIDS health care. Australian Journal Of Public Health, 18(1), 51-58.

Maliapen, M. (2009). Clinical Genomics Data Use: Protecting Patients Privacy Rights. Studies In Ethics, Law, And Technology, 3(1).

Martin, J. (2001). Confidentiality in primary care. Primary Health Care, 11(1), 14-16.

Murray, T., Calhoun, M., & Philipsen, N. (2011). Privacy, Confidentiality, HIPAA, and HITECH: Implications for the Health Care Practitioner. The Journal For Nurse Practitioners, 7(9), 747-752.

Patient Privacy and Mental Health Care in the Rural Setting. (2011). Virtual Mentor, 13(5), 282-286.

Serour, G. (2006). Confidentiality, privacy and security of patients’ health care information.International Journal Of Gynecology & Obstetrics, 93(2), 184-186.

Willison, D. (2000). Counterpoint. Privacy and confidentiality concerns – are we up to the challenge?.International Journal For Quality In Health Care, 12(1), 7-9.