Disclosure of confidential patient information and the duty to consult: The role of the health and social care information centre

Abstract

Before disclosing confidential patient information for purposes not directly related to his or her care and treatment, there is currently a responsibility upon health professionals to consult with a patient wherever practicable. The Health and Social Care Act 2012 has diluted that responsibility to consult, at least in relation to any information that the Health and Social Care Information Centre requires health professionals to disclose. This is at odds with other moves to support an individual's involvement in decisions that affect them. Moreover, a responsibility to consult can be shown to be a procedural aspect of the fundamental right to respect for private and family life as guaranteed..