Confidentiality means that doctors, nurses, psychologists, dentists and other health care workers have a moral and legal duty to keep all information about patients confidential. Any information about the patient’s illness or treatment cannot be given to another person unless:

• the patient consents (agrees) to this
• the information is about the illness or treatment of a child – then health workers can tell others but only with the permission of the child’s parent or guardian
• the patient is dead – then the doctor must get permission from the next-of-kin (the person’s closest family)

Example: The McGeary Case

In the McGeary case, the Supreme Court of Appeal said that a doctor cannot tell other doctors about the HIV status of a patient without the patient’s consent.

Mr McGeary applied for a life assurance policy. The insurance company told him to have an HIV test before they could approve his application. The doctor got the results of the test and told McGeary that he was HIV-positive.

The next day the doctor played golf with another doctor and a dentist. During the game they discussed AIDS and McGeary’s doctor told the other two that McGeary was HIV-positive.

The news of McGeary’s condition spread around the small community. McGeary began a civil claim to get compensation from his doctor for breaking his rights to confidentiality. The Court said the doctor had to pay McGeary compensation for breaking his right to confidentiality.

The Supreme Court of Appeal said that a doctor cannot tell other doctors about the HIV status of a patient without the patient’s consent.