Breach of Confidentiality in the Workplace – What Are My Rights?

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June 16, 2021
UPDATED: 
June 22, 2021
Breach of Confidentiality in the Workplace – What Are My Rights?

A confidentiality breach is when you share a person's information without their consent. This can be by failing to respect the privacy or confidence they gave it, for example telling someone else about something that only one other person knows because of trust. In this blog post, we are going to discuss what is a breach of confidentiality in the workplace what are my rights.

How to protect confidential information in the workplace

Take a look at the steps to take in order to protect confidential information.

  1. Spend some time with your client and get a sense of what they are looking for. You should also find out if any information is confidential or sensitive in nature before deciding how to proceed with the project.
  2. Privacy is the key to keeping data safe. Make sure your computer has all of the latest security software, and be honest when you need to store information for a long time so we can make it secure.
  3. Avoid talking about confidential information relating to clients outside your professional practice. If you are given permission by the client/patient, make sure both of you have a clear understanding of who can be told and when that person should know it's sensitive or private information.

I think I've breached confidentiality – now what?

Breaches happen, but if you find out that one has taken place it's best, to be honest. If the breach relates to a business client, let their internal data compliance officer know about what happened as soon as possible and follow up with your own legal counsel on how this will affect them or any other parties involved in relation to the breach. Do not forget to contact your professional indemnity insurance provider for advice related specifically pertaining to breaches of privacy law such as GDPR which is expected later this year!

FAQ’s

What law is a breach of confidentiality?

Breach of Confidentiality in the Legal Profession

It is considered a violation of confidentiality when lawyers reveal the information they receive during professional conversations. Federal law prohibits it and clients must divulge accurate, confidential information to their lawyer for legal advice.

Is breaching confidentiality illegal?

Confidentiality, although a clear right of patients, is not absolute. This can be seen as it relates to the obligation that doctors have under statute law even if they must breach confidentiality for reasons relating to risk of serious harm posed by others- this was established in W vs Egdell 1989

What is the most common breach of confidentiality?

The most common patient confidentiality breaches fall into two categories: employee mistakes, such as accidentally printing a phone number or email address on the fax machine at work; and unsecured access to PHI (Protected Health Information) in an unlocked cabinet or server room. 

What happens if confidentiality is broken?

An employee who breaches a confidentiality agreement is in serious danger of being terminated and sued by the company they work for. Depending on how severe the breach, this can lead to civil litigation from third parties involved with what was disclosed or shown through that disclosure.

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