LWS101 Chap.4 Confidentiality, Privacy and Health Records
Confidentiality, Privacy and Health Records
A duty with defined exits
Confidentiality is a long-recognised legal and ethical duty.
In Queensland public health services the Hospital and Health Boards Act 2011 states it in section 142 and creates exceptions for consent, care and treatment, disclosure required or permitted by another Act, and child protection.
Privacy and records
Privacy is a related but separate idea about limiting access to information.
Records generally belong to the employer, yet patients may have a right to see them, so every entry should be accurate and professional.
Records as evidence
The Week 4 lecture includes a part on documentation and practical tips, and the overview stresses that records uphold patient safety and should be made and kept properly.
In exam answers, documentation belongs in the implementation heading: say what will be recorded, by whom and when, because an accurate record is often the step that protects both the patient and the nurse later.
What this chapter covers
- 01
The Duty of Confidentiality
- 02
Statutory Exceptions to Disclosure
- 03
Confidentiality Versus Privacy
- 04
Health Records and Access
- 05
Social Media and Digital Tools
Worked example · free
Can a nurse tell police about a patient?
- 1Start from the duty: section 142 says confidential information is not to be disclosed.
- 1Test the exceptions: there is no consent, no treatment purpose and, on these facts, no other law shown to require disclosure.
- 1Act: decline politely, refer the officers to the nurse unit manager, and record the request.
Key terms
- Confidentiality
- The duty to keep information shared in a care relationship from people outside it.
- Privacy
- A person's right to limit access to their records and private information.
- Health Record
- The documentation of a patient's care, generally owned by the employing entity but accessible to the patient.
- Statutory Exception
- A provision, such as disclosure with consent or for care and treatment, that permits sharing information despite the duty of confidentiality in section 142.
- Data Integrity
- The accuracy and completeness of health information, for which ICN element 2.12 makes nurses accountable.
- Information Privacy Act 2009
- A Queensland statute, listed in the Queensland Health module, that belongs to the separate body of privacy law.
Confidentiality, Privacy and Health Records FAQ
Is it a breach to post an image of a patient if their name is hidden?
Yes. Principle 3.5 of the Code of Conduct says nurses must not post a person's information or images, even when the person is not named or identified, without written and informed consent. ICN element 1.5 adds that confidentiality applies in all media, including social media.
Who owns a patient's health record?
The Week 4 overview explains that records usually belong to the employer of the health professional, but a patient may have a right to access them. That is why records must be made and preserved professionally, and why Principle 3.5 asks nurses to facilitate access in line with local policy.
What is the difference between confidentiality and privacy?
Confidentiality is the long-recognised duty to protect information shared in a care relationship. Privacy is a more modern idea about a person's right to limit access to their records and information. The unit focuses on confidentiality law while noting that a separate body of law protects privacy.
Can a nurse share information with another member of the treating team?
Yes, where it is needed for the person's care. The Queensland Health module lists disclosure for care or treatment among the exceptions to the duty of confidentiality, and Principle 3.3 asks nurses to communicate relevant, timely information to colleagues within the bounds of privacy requirements. Sharing for curiosity or gossip is not covered.
Exam move
Memorise the four exceptions as four questions and run every disclosure scenario through them in order: consent, care or treatment, another law, child protection. Write one sentence for each that explains why it does or does not apply. Then compare ICN elements 1.4 and 1.5 with NMBA principle 3.5 so you can choose the most specific reference for social media, record access and conversations in shared spaces.
Write one documentation sentence for each practice scenario so the habit carries into the exam.
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