The practice is committed to complying with the requirements of the legislation governing patient
confidentiality including: Access to Health Records 1990, Caldicott Guidelines 1997 – see the Data
QualityPolicy (M233-DPQ), Confidentiality NHS Code of Practice 2003, Data Protection Act 2018,
GDPR and the current GDC Standards.
For the purpose of this policy, confidential information is defined as all the information that is learnt in a
professional role including personal details, medical history, what treatment a patient is having and how
much it costs. The definition of personal details includes, but is not limited by, such details as name, age,
address, personal circumstances, race, health, sex and sexual orientation, etc. Note that even the fact
that a patient attends the practice is confidential. Confidential information may be supplied or stored on
any medium including images, videos, health records, and computer records or may be transmitted
verbally.
All staff members must be aware of their responsibilities for safeguarding patient confidentiality and
keeping information secure and must have received appropriate training on the legislation requirements
and the current GDC Standards to ensure that:

▪ No personal information given or received in confidence is passed on to anyone else without
the patient’s prior consent. To obtain consent a patient is advised what information will be
released and why and the likely consequences of the information release. The patient is given
an opportunity to withhold their permission to share information, unless exceptional
circumstances apply, and note is made on their clinical record of whether or not they gave their
permission

▪ If a patient consents to sharing information about them the team member will ensure that all
recipients of the information understand that it is confidential. When referring to dental or
medical colleagues we expect them to have the same high standards

▪ If a patient’s information or images are used for research or marketing the team member will
advise the patient how these will be used, check that the patient understands what s/he is
agreeing to, obtain and record the patient’s consent to their use and only release the minimum
information for the purpose. The patient will be advised that s/he can withdraw permission at
any time

▪ If it is not necessary for a patient to be identified, they will remain anonymous in any information
released

▪ The duty to keep information confidential also covers originals and copies of a patient’s
photographs, videos or audio recordings, including those made on a mobile phone. No images or
recordings will be made without the patient’s permission

▪ Patient information is kept confidential even after death
Before releasing information without the patient’s permission, an effort is always made to either
convince the patient to release the information himself or herself or give the practice permission to do
so, with the details of the discussion fully documented in the patient record. If obtaining consent from a
patient is not practical or appropriate or if the patient will not give their permission, the team member
will obtain advice from their professional indemnity organisation before releasing it.

Last modified: 28 Jun 2022 Wistaria House Dental Practice, Wistaria Dental Practice, EX17 3LT
M 233-CON – Confidentiality Policy, Ver 14, Folder 7, Page 1 of 2

A patient’s information will only be released without their prior permission in the following exceptional
circumstances:

▪ It is in the best interests of the public or the patient and the information released could be
important in preventing or detecting a serious crime

▪ If a team member has information that a patient could be at risk of significant harm or may be a
victim of abuse, in which case the appropriate care agencies or the police will be informed

▪ If a team member is required to disclose information by a court or a court order, in which case
only the minimum amount of information necessary to comply will be released

The practice treats breaches of confidentiality very seriously. No team member shall knowingly misuse
any confidential information or allow others to do so. Failure to comply with this policy may result in
disciplinary action.
This policy should be read in conjunction with the Social Media Policy (M 233-SMD), Data Quality Policy
(M233-DPQ), Information Protection and Security Policy (M 233-DPT) and the Information Governance
Procedures (M 217C).