Confidentiality and the Sharing of Information

This paper considers the nature and extent of the duty of patient confidentiality in the mental health context, and examines the range circumstances in which it might be overridden, and the way in which such decisions may be taken. Particular consideration is given to the justifications given for breaches of patient confidentiality in the name of public safety and victims’ rights. The paper also addresses rights of access to health information in the case of the incapable adult and the applicant to the MHRT.