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BREACH OF CONFIDENTIALITY POLICY FOR ASSESSMENTS
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BREACH OF CONFIDENTIALITY POLICY FOR ASSESSMENTS
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BREACH OF CONFIDENTIALITY POLICY FOR ASSESSMENTS1. Purpose
The purpose of this policy is to provide a mechanism through which any breach of confidentiality in any form
may be investigated. As such this policy shall apply whether the qualification is professional, academic or any
combination of the two.
2. Introduction
Students on a health related programme learn in the classroom and clinical settings as well as other
appropriate locations. It is inevitable that the assignments that students write will sometimes require them
to draw on the experiences they have gained on placements or within work settings. However, in drawing on
these experiences, there is a need to maintain confidentiality, and it is important that details are not
disclosed that could lead to the identification of particular individuals, families/significant others, the student
or organizations.
2.1 Why is it important to maintain confidentiality?
Student on a health related programme may come into contact with or be holding information about
patients, service users, colleagues, staff and others which is private and sensitive in nature. This
information must not be disclosed or given to others without prior consent having been obtained.
In the UK, the protection of confidential information and privacy is protected by the General Data Protection
Regulation (GDPR) and the Human Rights Act. GDPR rules cover paper documentation as well as computerised
information and gives every citizen personal rights to privacy.
2.2 What is a breach of confidentiality?
It is a breach of confidentiality to disclose, verbally or in writing, any information about a patient, service
user, colleague, staff member or any other person or place that could in principle enable them to be
identified. Academic supervisors should not be named on work with the exception of PhD students.
It is also a breach of confidentiality to disclose information that has been given in confidence without
prior express permission having been obtained.
2.3 Which assignments does this policy apply to?
The breach of confidentiality policy applies to all written and oral presentations (eg poster presentations,
vivas and OSCEs) and supplementary appendices included with assignments. Although students are
advised that these principles should be adhered to in closed examinations breaches will not be requested
to be removed from closed examinations scripts.
Exceptions to the rule
Portfolios which are not anonymised or recorded clinical sessions may include information
regarding supervisors/colleagues and place of work but not service user/patient identifiers.
PhD supervisors can be named
2.4 How can I refer to patients and service users in my assignments?
It is never justified to disclose the names and addresses of patients, service users or colleagues, staff or
others. It is also unacceptable to give indirect information such as the name of a ward, department or
service that they are receiving care from that could lead to them being identified.
Terms such as ‘large hospital trust’, ‘care home’ or ‘GPs surgery’ could be used to denote the
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, appropriate place or context of care.
Where it is necessary to refer to others a pseudonym or fictitious name should be used.
Patient confidentiality – eg removing patient identifiable evidence ie blood results or clinical letter.
It is advisable to acknowledge at the start of assignments that names and details have been changed in
order to maintain confidentiality, referring to the NMC Code (2015) for Nursing and Midwifery and other
appropriate professional codes or guidance from Professional, Statutory and Regulatory Bodies (PSRBs).
2.5 How can I refer to colleagues or members of staff in my written assignments?
Members of staff and colleagues should not be referred to by name or grade. Details of their role should
also be withheld if disclosure might make it possible to identify the individual. For example, it is possible
that only a very small number of people undertake a highly specialised role such as the head of a profession
or the director of a centre. To mention their role would count as a breach of confidentiality because it could
lead to the identification of the person. If a role were much more widely held (such as a staff grade etc) then
to mention it would not constitute a breach of confidentiality.
Please refer to section 2.3 for exceptions to rule.
2.6 What about information already in the public domain?
It is not normally a breach of confidentiality for a student to refer to information about health or social
services that is already in the public domain. Thus, students are at liberty to discuss local service provision in
their assignments, if it is relevant, or to discuss local policy. However, it is expected that students will provide
references to show that the information they are disclosing is publicly available by citing reports, documents
and newspaper articles or similar according to the appropriate citation method indicated in the Student
Handbook.
If citing the name of the Trust or organisation has the potential to identify people or places then the Trust or
organisation should be identified as a ‘local’ Trust or organisation. For example, within the text cite ‘local Trust
policy, 2012’ and within the reference list ‘Local Trust Policy (2012): Induction of Labour’.
2.7 How do I obtain prior consent?
Prior consent is not required if the information does not directly identify an individual and could not therefore
reasonably be used to determine identity. It is good practice, however, to obtain prior consent where the
assignment takes the form of a case study or a care study, which is substantially based on the experience of an
individual or discrete client group.
On asking to use personal information about an individual or client group, the student should explain the
nature and scope of the assignment to the appropriate person. The student should also assure them that all
references to names, dates, times and places will be changed to ensure confidentiality is maintained. The
individual or client group should be given the opportunity to read the finished article if they wish to do so.
Students should indicate at the start of the assignment that, if prior consent was required, it was obtained from
the appropriate person to use personal information.
2.8 Recommended sources of information on record keeping and confidentiality.
It is advisable to remain updated with the advice, guidelines and regulations published by professional bodies.
The following publications are useful sources of information:
Department of Health. The Caldicott Guardian manual 2010. London: DH
Department of Health (2010) Confidentiality: NHS Code of Practice: Supplementary Guidance.
London: Department of Health
General Data Protection Regulation (GDPR) (2018)
Health and Care Professions Council (HCPC) (2016) Standards of conduct, performance and ethics. London
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