Confidentiality policy

All staff working for the NHS must follow NHS rules on confidentiality, and could face disciplinary action if they don’t. These rules apply to receptionists as well as doctors, dentists and nurses. They’re as relevant in doctor’s and dentist’s surgeries as in hospitals. 

The general principle is that your personal information must be kept private. One important exception is that information will normally be shared within the healthcare team and with other health workers who give you care. This is mostly so that the right decisions about treatment can be made.

Receptionists might have access to your medical notes as part of their work, but they certainly shouldn’t discuss your HIV status in public, or with anyone outside the healthcare team.

The NHS rules

• Personal information must be protected.  It should be kept private, stored securely, used carefully and recorded accurately.
• You should be kept informed about how your information will be used. This includes telling you about who can access your information and when it might be discussed with others.
• Your wishes should be respected. For example, if they want to use your details for medical research, you have the right to say no. Or you could say that you don’t want information passed on to other health workers – even if this could make it difficult for them to give you the right treatment.

Confidentiality is also protected by the law, and it would be possible to take legal action against someone who has breached your confidence. Also, doctors who break the rules could be “struck off”, which means they can’t work as a doctor any more.

Electronic records

The same rules of confidentiality will apply to the ‘summary care record’. This is a new, national system of electronic records that will soon be introduced.

• These records will contain basic information like your name and date of birth.
• They will also mention allergies and the medicines you take, including HIV medicines.
• Health workers involved in your care will be allowed to access your records.
• You can refuse to have your details stored on this electronic record, and you can ask for information about HIV medication to be left off.

Exceptions

It is within the NHS rules for anonymous information to be shared. For example, the GP might pass on statistics about what treatment was provided, but should remove your name and any other information that could identify you.

There are a few other situations when the normal rules of confidentiality may be broken. These situations are extremely uncommon.

• If a court forced a doctor to give evidence, he or she would have to answer all questions honestly. This could happen if someone is prosecuted for transmitting HIV.
• If the police were investigating a crime and asked a doctor for information, the doctor might co-operate. However many doctors would refuse.
• If a doctor believes that someone with HIV is putting the life of another person in danger, the doctor has the right to disclose information to the person in danger. This can only be as a last resort, and after telling the person with HIV that confidentiality will be broken.

Otherwise, the doctor (and other health workers) must make sure that your medical information remains private.