Your Medical Record

GDPR

GP Connect NDSA

GP Connect Transparency Notice 

Please note.

GDPR consent is not the legal basis for this sharing. It is 6(1)(e) direct care. and 9(2)(h) provision of health. The Duty of Confidentiality (DoC) is met by implied consent for direct care. Even if the patient wants to object to sharing after a conversation with the clinician the clinician can still override this if they feel there is a clinical risk / patient safety risk.  In this case the DoC is set aside by disclosure being in the overriding safeguarding interest of the individual or others or in the public interest.  This would need to be carried out on a case-by-case basis and the decision fully documented on the patient record.

Where there is evidence that a person may not have the capacity to discuss whether this sharing is necessary for the purpose outlined, the appropriate clinician will make an informed judgement, in discussion with the patient’s advocate/Power of Attorney/Court of Protection deputy, the decision and its basis must be recorded in the individual’s medical record. Information sharing can occur where there is a lawful reason for them to do so.