confidentiality
n. (in medical law) A strong and longstanding obligation, arising out of common law, that requires doctors to keep any personal information about their patients private. A doctor automatically assumes such an obligation during a patient consultation. Confidentiality will be breached if any unauthorized person sees the patient’s personal information; it is not necessary to show that the information was made public (AG v Guardian (No. 2) [1990] 1 AC 109, 260.

Sometimes it is permissible or even obligatory to breach a patient’s confidence, e.g. when a patient suffers from a notifiable disease. Interestingly, HIV has not been made a notifiable disease in the UK, in order to encourage patients to come forward for testing and treatment. This means that it is the legal responsibility of the patient to inform any potential sexual partners that he or she has the virus; the doctor is legally required to provide suitable advice on safe sex but must not breach confidentiality. See also privacy.

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