Tuesday, September 30, 2014

Human Rights: Privacy, Trust and Confidentiality



"Should patient information be published on the Internet?":

This question should be answered with a firm no, by patients and other family members, as well as by medical and health care professionals, in order to protect them.

Three major areas of concern should be addressed in this question, namely human rights (and more specifically, the right to privacy), trust and confidentiality.

Human rights

Each person has basic human rights and these include the right to personal privacy.

Note the following quotation:

“Privacy is a fundamental human right recognized in the UN Declaration of Human Rights, the International Convenant on Civil and Political Rights and in many other international and regional treaties. Privacy underpins human dignity and other key values such as freedom of association and freedom of speech. It has become one of the most important human rights issues of the modern age. The publication of this report reflects the growing importance, diversity and complexity of this fundamental right.” (1)

One might ask, is it a violation of human rights (and more specifically a person’s privacy), when patient information is posted on the Internet? One must argue that it is.

Does it make a difference who releases the information?

Should a patient post his or her own patient information on the Internet, in conjunction with his or her own family members? Doing so may affect the lives of others and impinge upon their human rights.

Can a patient or a patient’s family violate his or her own human rights? Perhaps unknowingly or even knowingly, this is possible. In turn, this might reflect further, on the human rights of others.

Should patient information be posted on the Internet, by medical or other health care professionals?

Medical and health care professionals do not post any patient information on the Internet, particularly when a consent in writing, has not been obtained from the patient and/or the patient’s family.  

Trust  

“The typical definition of trust follows the general intuition about trust and contains such elements as: the willingness of one party (trustor) to be vulnerable to the actions of another party (trustee); reasonable expectation (confidence) of the trustor that the trustee will behave in a way beneficial to the trustor; risk of harm to the trustor if the trustee will not behave accordingly; and the absence of trustor's enforcement or control over actions performed by the trustee. Trust can be naturally attributed to relationships between people. It can be demonstrated that humans have a natural disposition to trust and to judge trustworthiness that can be traced to the neurobiological structure and activity of a human brain…” (2) 

Patients and their families establish an element of trust, based upon personal integrity, in their relationship with others.

Should that trust ever be broken?

Ideally, this kind of a trust relationship should never be broken through the posting of patient information on the Internet.

There is the element of trust established between a doctor and his or her patients, another trust that should not be broken. To post patient information on the Internet, without the consent of a patient and his or her family, would be a violation of that trust.

Confidentiality

Many people are not aware of what is involved in terms of confidentiality issues and concerns, when patient information is posted on the Internet.

Consider the following three definitions of confidentiality:

“…the principle in medical ethics that the information a patient reveals to a health care provider is private and has limits on how and when it can be disclosed to a third party.” (3)

“The ethical principle or legal right that a physician or other health professional will hold secret all information relating to a patient, unless the patient gives consent permitting disclosure.” (4)

“…secrecy relating to information. All clinical data have a degree of confidentiality, the level varying with the information and the circumstances.” (5)

Confidentiality, where it concerns a patient and his or her family members, is something that becomes an individual or a family matter, but the importance of it should never be underestimated.

Confidentiality is always a major concern for all medical and health care professionals. This is a basic tenet of their training, practice and professional conduct.

Thus, being aware that human rights, (specifically those of personal privacy), trust and confidentiality are vital in terms of a person’s medical and health status, patient information should not be posted on the Internet by a patient, or his or her family members.

It is even more important when it comes to medical and health care professionals.

1. http://gilc.org/privacy/survey/intro.html



4. Ibid.

5. Ibid.

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