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    This (lowercase (translateProductType product.productType)) has been cited by the following publications. This list is generated based on data provided by CrossRef.

    2013. Ethics in Psychotherapy and Counseling. p. 405.

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  • Print publication year: 2008
  • Online publication date: October 2009

7 - Confidentiality

Summary

Mr. J is 35 years old. He has had unprotected sex with prostitutes on at least two occasions. Although he is asymptomatic he is worried about the possibility that he may have contracted a sexually transmitted disease and consults his physician. After conducting a careful physical examination and providing appropriate counseling, the physician orders a number of investigations. The blood test comes back with a positive result for HIV. The physician offers to meet with Mr. J and his wife to assist with the disclosure of this information, but Mr. J states that he does not want his wife to know about his condition.

Ms. K is 29 years old and has epilepsy. Her driving license was revoked when she was first diagnosed with epilepsy and she has continued to have seizures every three to four months while on treatment. Ms. K mentions in passing to her physician that she sometimes drives short distances to get groceries. When her physician challenges her about this she says her seizures are very infrequent. Finally, the physician tells her he may have to notify the authorities. Ms. K asks what more the authorities can do as they have already revoked her license. Are they going to leave a police car outside her house to make sure she doesn't drive?

What is confidentiality?

If a person gives information to another in confidence there is an obligation on the person receiving the information not to disclose it to someone else.

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The Cambridge Textbook of Bioethics
  • Online ISBN: 9780511545566
  • Book DOI: https://doi.org/10.1017/CBO9780511545566
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REFERENCES
American Medical Association (1995). AMA Code of Ethics: Policy Statement on Confidentiality. Washington, DC: American Medical Association.
American Medical Association (2006). Disclosure of Familial Risk in Genetic Testing, Policy statement E.2.131. Washington, DC: American Medical Association.
Australian Medical Association (2004). Code of Ethics. Barton, ACT: Australian Medical Association (http://www.ama.com.au/web.nsf/doc/WEEN-5WW598).
Canadian Medical Association (2004). Code of Ethics. Ottawa: Canadian Medical Association (http://policybase.cma.ca/PolicyPDF/PD04-06.pdf).
Carlisle, J., Shickle, D., Cork, M., and McDonagh, A. (2006). Concerns over confidentiality may deter adolescents from consulting their doctors. A qualitative exploration. J Med Ethics 32: 133–7.
Carman, D. and Britten, N. (1995). Confidentiality of medical records: the patient's perspective. Br J Gen Pract 45: 485–8.
Data Protection Act (1998). London: The Stationary Office (http://www.opsi.gov.uk/ACTS/acts1998/19980029.htm).
Edelstein, L. (1943). Hippocratic Oath: Text, Translation and Interpretation. Baltimore, MD: Johns Hopkins University Press.
Federal Privacy Act (1988). Canberra: Government Printing Office (http://www.privacy.gov.au/publications/privacy88_021205.pdf).
General Medical Council (2004). Confidentiality: Protecting and Providing Information. London: General Medical Council (http://www.gmc–uk.org/guidance/library/confidentiality.asp).
Gostin, L. O., Lazzarini, Z., and Flaherty, K. M. (1996). Legislative Survey of state confidentiality laws, with specific emphasis on HIV and immunization. JAMA 275: 1921–7.
Hallowell, N., Foster, C., Eeles, R., et al. (2003). Balancing autonomy and responsibility: the ethics of generating and disclosing genetic information. J Med Ethics 29: 74–9.
Ingelfinger, J. R. and Drazen, J. M. (2004). Registry research and medical privacy. N Engl J Med 350: 1452–3.
Jenkins, G., Merz, J. F. and Sankar, P. (2005). A qualitative study of women's views on medical confidentiality. J Med Ethics 31: 499–504.
Lako, C. J., Huygen, F. J., Lindenthal, J. J., and Persoon, J. M. (1990). Handling of confidentiality in general practice: a survey among general practitioners in the Netherlands. Fam Pract 7: 34–8.
Mabeck, C. E. (1985). Confidentiality in general practice. Fam Pract 2: 199–204.
Marshall, T. and Solomon, P. (2003). Professionals' responsibilities in releasing information to families of adults with mental illness. Psychiatr Serv 54: 1622–8.
Mill, J. S. (1962). On liberty. In Utilitarianism: John Stuart Mill, ed. Warnock, M.. Glasgow: HarperCollins, pp. 126–250.
Offit, K., Groeger, E., Turner, S., Wadsworth, E. A., and Weiser, M. A. (2004). The “duty to warn” a patient's family members about hereditary disease risks. JAMA 292: 1469–73.
Olsen, J. C. and Sabin, B. R. (2003). Emergency department patient perceptions of privacy and confidentiality. J Emerg Med 25: 329–33.
Parker, M. and Lucassen, A. M. (2004). Genetic information: a joint account?BMJ 329: 165–7.
Perez-Carceles, M. D., Pereniguez, J. E., Osuna, E., and Luna, A. (2005). Balancing confidentiality and the information provided to families of patients in primary care. J Med Ethics 31: 531–5.
Peto, J., Fletcher, O., and Gilham, C. (2004). Data protection, informed consent, and research. BMJ 328: 1029–30.
Plantinga, L., Natowicz, M. R., Kass, N. E.et al. (2003). Disclosure, confidentiality, and families: experiences and attitudes of those with genetic versus nongenetic medical conditions. Am J Med Genet C Semin Med Genet 119: 51–9.
Powell, J. and Buchan, I. (2005). Electronic health records should support clinical research. J Med Internet Res 7: e4.
Reddy, D. M., Fleming, R., and Swain, C. (2002). Effect of mandatory parental notification on adolescent girls' use of sexual health care services. JAMA 288: 710–14.
Sankar, P., Mora, S., Merz, J. F., and Jones, N. L. (2003). Patient perspectives of medical confidentiality: a review of the literature. J Gen Intern Med 18: 659–69.
Schers, H., Horst, H., Grol, R., and Berg, W. (2003). Continuity of information in general practice. Patient views on confidentiality. Scand J Prim Health Care 21: 21–6.
Tarassoff v. Regents of the University of California [1976] 529 P 2d 553 118, Cal Rptr 333.
Ubel, P. A., Zell, M. M., Miller, D. J., et al. (1995). Elevator talk: observational study of inappropriate comments in a public space. Am J Med 99: 190–4.
Vigod, S. N., Bell, C. M. and Bohnen, J. M. (2003). Privacy of patients' information in hospital lifts: observational study. BMJ 327: 1024–25.
W v. Edgell 1 All ER 835. High Court ([1990]).
World Medical Association (1949). International Code of Ethics. Washington, DC: World Medical Association (http://www.wma.net/e/policy/c8.htm).