Confidentiality in the medical setting refers to “the principle of keeping secure and secret from others, information given by or about an individual in the course of a professional relationship,”1 and it is the right of every patient, even after death.2

Breaches of confidentiality are common, albeit usually accidental.2 Around a third of the calls received by the Medical Protection Society from doctors are related to confidentiality, particularly in general practice.3 It is the most common reason for doctors, at any stage of their training, to seek advice from their indemnity unions. Confidentiality lies at the heart of the relationship between doctor and patient, and one survey suggests that the public view any breaches of this as the most important reason for striking doctors off the medical register.4

Maintaining confidentiality is part of the “good faith” that exists between doctor and patient.5 Ignoring patients’ rights to confidentiality would lose their trust, and might prevent people from seeking help when needed. Confidentiality preserves individual dignity, prevents information misuse, and protects autonomous decision making by the patient.6