Confidential information includes all information gained during the course of a treatment episode. A duty of confidence arises when one person discloses information to another (e.g. patient to physiotherapist) in circumstances where it is reasonable to expect that the information will be held in confidence. It is:-
a) a legal obligation that is derived from case law;
b) a requirement established within professional codes of conduct; and
c) must be included within employment contracts as a specific requirement linked to disciplinary procedures.
Patients entrust physiotherapists with, or allow them to gather, sensitive information relating to their health and other matters as part of their seeking treatment. They do so in confidence and they have the legitimate expectation that anyone who has access to that information will respect their privacy and act appropriately.
[February 2009]