Medical Council Statement on RTÉ Investigates Report

Friday, 26th March 2020: The Medical Council is greatly concerned in relation to some of the allegations raised in the RTÉ Investigates report broadcast last night on Prime Time, particularly the allegation that confidential patient information was shared by doctors with officials in the Department of Health without patient consent.

Director of Professional Competence, Ethics and Research with the Medical Council, Ms Jantze Cotter, said “Professionalism is at the core of the patient - doctor relationship and is absolutely fundamental for patient safety and the delivery of high-quality health care.”

“Confidentiality is central to the trust between a doctor and their patients, and is a core element of the doctor/patient relationship.

“The Guide to Professional Conduct and Ethics for Registered Medical Practitioners sets out the principles of professional practice that all doctors registered with the Council are expected to follow and covers in detail issues pertaining to confidentiality, disclosure of patient information and disclosure without consent.”

“When a doctor discloses information as required by law or in the public interest, they should inform patients of the disclosure, unless this would cause them serious harm, or would undermine the purpose of the disclosure.”

“Doctors also have a duty to ensure compliance with all laws and regulations pertaining to their practice, including data protection” concluded Ms Cotter.

President of the Medical Council, Dr Rita Doyle, said “As a doctor, last night’s Prime Time made for difficult viewing. Patient confidentiality and patient consent are key to the practise of medicine and central to the doctor patient relationship.”

“Patients and their families should not have to worry about their private and personal information being disclosed without their consent. There are very limited circumstances when a doctor can disclose information without consent.”

“Doctors must prioritise their patient’s wellbeing at all times, be aware of their ethical duty and responsibilities under the law in relation to confidentiality,” concluded Dr Doyle.

The Medical Council will be closely monitoring developments on this issue and will be in contact with the Department of Health and the HSE.

ENDS

Notes to the Editor:

• The Guide to Professional Conduct and Ethics for Registered Medical Practitioners is available here:
• Paragraph 29 covers confidentiality and paragraph 31 covers disclosure without consent.
  • 29 Confidentiality
    • 29.1 Confidentiality is central to the trust between you and your patients, and is a core element of the doctor/patient relationship. However, sharing information, in appropriate circumstances, is also important, both for patient care and for the safety of the patient and others (see also paragraph 7.1 – Dignity of the Patient, and sections 30 and 31 below on Disclosure with consent and Disclosure without consent).
    • 29.2 You should protect your patients’ privacy by keeping records and other information about patients securely. You should guard against accidental disclosures.
    • 29.3 Before sharing or disclosing any identifiable information about patients, you must take into account the Freedom of Information (FOI) principles (see Appendices A and B). You must be clear about the purpose of the disclosure and that you have the patient’s consent or other legal basis for disclosing information. You must also be satisfied that:
      • you have considered using anonymised information (information that does not identify the patient), and you are certain that it is necessary to use identifiable information;
      • you are disclosing the minimum information to the minimum number of people necessary; and
      • the person or people to whom you are disclosing the information know that it is confidential and that they have their own duty of confidentiality.

• 31 Disclosure without consent
  • 31.1 When you disclose information as required by law or in the public interest, you should inform patients of the disclosure, unless this would cause them serious harm, or would undermine the purpose of the disclosure.
  • 31.2 Disclosure required by law
    • You must disclose information where this is required by law. For example:
      • when ordered by a judge in a court of law, or by a tribunal or body established by an Act of the Oireachtas;
      • where required by infectious disease regulations;
      • where you know or have reasonable grounds for believing that a crime involving sexual assault or other violence has been committed against a child or other vulnerable person.

• 31.3 Disclosure in the public interest
  • Disclosure in the public interest may be made to protect the patient, other identifiable people, or the community more widely. Before making a disclosure in the public interest, you must satisfy yourself that the possible harm the disclosure may cause the patient is outweighed by the benefits that are likely to arise for the patient or for others. You should disclose the information to an appropriate person or authority, and include only the information needed to meet the purpose.