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Common law duty of confidentiality

CLDC

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Definition

of

Common Law Duty of Confidentiality

NHS England

from

NHS England Transformation Directorate: Information Governance Framework for Integrated Health and Care: Shared Care Records (Sep 2021)

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This arises when one person discloses information to another, for example, patient to clinician, in circumstances where it is reasonable to expect that the information will be held in confidence. It: 1. 1. is a legal obligation that is derived from common law; 2. is a requirement established either within professional codes of conduct and/or that must be included within relevant employment contracts. It is also linked to disciplinary procedures through both these requirements. It would also apply where confidential information is received or obtained from another organisation as the data subject would have a reasonable expectation that any recipient would hold it in confidence.
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