At the beginning of March the BMA and a number of medical organisations wrote to Jack Straw, the Justice Secretary, raising concerns about proposed changes to the law that placed the confidentiality of personal medical data at risk.

The concerns related to the Coroners and Justice Bill currently making its way through Parliament, as Clause 152 in the legislation would have enabled ministers to "remove or modify any legal barrier to data sharing".  The clause was not restricted to sharing between government departments, it would also have allowed private companies to share personal data if an order were made to allow it.

The ability to share personal data by order, although limited to 'proportionate circumstances', would have taken precedence over current data protection legislation, human rights legislation and also doctor-patient confidentiality.

Although there may be some potential benefits to sharing such sensitive information, many risks were also apparent.  The over-riding concern from a clinician's point of view is that it can be challenging enough for patients to discuss personal health problems, without the fear of their personal information being shared making them clam up even more - potentially putting their health at serious risk.

British doctors will only break confidence to save a patient, or others, from serious harm, for example, notifiying authorities if a patient who suffers fits or blackouts keeps driving.

Although on 9th March Jack Straw asked for Clause 152 to be removed pending further consultation, the debate is ongoing.  Blossoms Healthcare will continue to monitor the debate and the implications for medical confidentiality and will keep our clients' informed.

Please contact us for further information.