Confidentiality and Information Governance

Our Medical and Privacy Law teams have advised extensively on the use and management of patient information, rights of access to medical records and patient confidentiality under the Data Protection legislation and the Freedom of Information legislation and the relevant statutory instruments and codes of practice.

Our services include advising on the following:-

• Administrative access requests for information and requests under the Data Protection Act (DPA) and the Freedom of Information (FOI) legislation.  Reviewing access requests and advice on the application of the relevant exemptions under the Freedom of Information legislation.
• Use of patient information for the purposes of clinical trials, clinical audit and quality assurance systems.
  
• Disclosure of information to the Director of Public Prosecutions and An Garda Siochana for the purposes of criminal proceedings in the context of the DPA and FOI.
  
• Appropriate wording of information management clauses in a variety of contracts.
  
• Application of the Access Modification Regulations which require the data controller to ensure that the disclosure of the information will not cause harm. 
  
• Draft submissions to the Information Commissioner.
  
• Providing urgent advice in the event of a data security breach - such breaches can be minor or catastrophic and could expose the organisation to a criminal prosecution if not properly addressed.
  
• Liaising with third party agencies for example the Medical Council, the Nursing and Midwifery Board of Ireland, the Pharmaceutical Society of Ireland in relation to request for disclosure of clinical information / medical records to the preliminary proceedings committees and the fitness to practice committees.
  
• Disclosure of confidential information to the appropriate authorities without patient consent in certain limited circumstances. 
  
• Circumstances giving rise to obligations to disclose information under certain legislation.

For further information, please contact a member of our Health and Social Care Team.