Synopsis
Share the right patient information with the right recipient for a justified purpose, distinguishing professional confidentiality, common-law duties and data-protection bases while documenting proportionate decisions and protecting people from harm.
- Confidentiality is not absolute and information sharing is not automatically a breach. Identify the purpose, recipient, authority, necessity and minimum information needed before disclosing.
- For direct care, share relevant, accurate and current information within the care team in line with reasonable patient expectations unless the patient objects; explain the consequences of an objection and seek a workable compromise.
- Do not confuse consent under the common-law duty of confidence with a UK GDPR lawful basis. Health data processing normally needs both an Article 6 basis and an Article 9 condition, which may be provisions other than consent.
Reasoning priorities
Define why information is needed and who will receive it.
Verify identity and role independently, especially for remote requests. A clear purpose determines relevance, legal authority, patient expectations and the secure route.
Worked reasoning
A patient with capacity refuses permission to share a serious drug reaction with a specialist who would prescribe related treatment; the information is essential to safe referral.
- Clarify exactly what the patient objects to and why, explain who would receive the information and how it prevents foreseeable treatment harm.
- Explore a proportionate compromise, such as sharing only the reaction, severity and relevant treatment context through the secure referral route.
- If the patient maintains the objection, explain that safe referral or treatment may be impossible without the essential information; do not promise unsafe secrecy.
- Final action: agree the safe route the patient accepts, or decline to arrange care that requires undisclosed essential information while offering alternatives.
- Verification: document the objection, consequences, compromise considered and plan, and ensure any permitted disclosure reached the intended clinical recipient.