Saturday, March 01, 2008

Data confidentiality - more lies

It really does not matter anymore if civil servants leave confidential database records in coffee shops. Despite numerous promises to the contrary, Computer Weekly reveals:

A new national database of confidential patient records is being opened to access by NHS staff who need no professional qualifications - despite official assurances that records will only be accessed by specialists who are providing care or treatment. A document obtained by Computer Weekly under the Freedom of Information Act also provides evidence that NHS Connecting for Health - which runs part of the £12.4bn National Programme for IT [NPfIT] - has quietly decided to weaken assurances given to patients about the confidentiality of records. Doctors are angry because they say that patients were given an assurance that non-clinical staff would be unable to access the national summary care record database which is being trialled at NHS trusts in various parts of England. (Computer Weekly)

We had evidence last year, again from Computer Weekly, of the ease with which any hospital employee can access private patient data. A well known celebrity checked into North Tees Hospital

An NHS primary care trust has warned of a new risk to the confidentiality of medical records under the National Programme for IT (NPfIT), after more than 50 staff viewed the electronic records of a celebrity admitted into hospital. (full story here)

It is not just doctors who can access confidential records. Or nurses. It is anyone.

Bolton Primary Care Trust has decided to change the procedure at hospitals to allow healthcare assistants - sometimes called nursing auxiliaries - to view the care records database instead of receptionists. But GPs say healthcare assistants usually have no professional qualifications and are not clinical staff treating patients. Paul Cundy, spokesman for the British Medical Association's GP IT committee said the papers obtained by Computer Weekly showed there has been an "erosion of the confidentiality of patient records that we feared would happen". He said that healthcare assistants were in essence "trained receptionists". (Computer Weekly)

And it is just as bad, or worse, in the USA

In March 2002, the Bush administration amended the medical privacy rule so that doctors and hospitals do not have to obtain written consent from patients before using or disclosing medical information for treatment, the payment of claims or any of a long list of health care operations such as setting insurance premiums and measuring physician competence. (Consumer Action)

Many people seem relaxed about the security. “I don’t mind at all if someone knows I had a broken leg a few years ago” But supposing, twenty years ago, you caught a gonococcal infection. Do you want that to be publicised? It happens.

Here are just a few examples from America of what can go wrong:

  • In 1998 an Atlanta truck driver lost his job after his insurance company told his employer that he had sought treatment for alcoholism.

  • In 1998 a Longs Drugs pharmacist disclosed to a California woman that her ex-spouse was HIV positive, information she later used against him in a custody battle.

  • In October and November 2001 the complete psychological records of 62 children and teens were posted on the University of Montana’s public web site for eight days before the error was caught. (Consumer Action)

The British government promised that there would be strict confidentiality of all private medical records uploaded to the NHS Spine. The government lied.

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14 Comments:

Blogger Dr Snuggles said...

In a similar vein:

http://www.computerweekly.com/blogs/tony_collins/2008/02/police-will-be-allowed-searche.html

Ben Bradshaw, has confirmed that data on a central database of millions of confidential health records will be made available to police where there is an “overriding public interest”.

The phrase “overriding public interest” is not defined.

Saturday, March 01, 2008 8:58:00 AM  
Blogger Betty M said...

It will most likely be construed as covering anything "necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others." which is the caveat to Art 8 of the ECHR on the right to respect for private and family life.

Personally I would just like my hospital notes to be accessible when I am seeing the doctor. I have 3 sub files at my hospital because they are incapable of ever having the notes in the same place as me even though there is usually 8 weeks between appts.

Saturday, March 01, 2008 9:28:00 AM  
Blogger Faith Walker said...

Dr Crippen- Healthcare Assistants are nothing like receptionists! That comment is ridiculous.

And yes healthcare assistants do have access to the spine- but not in the way you would think. Access to the spine is limited to the areas you might directly need. Its not an absolute free for all.

Healthcare assistants do need access to confidential information at times as a lot of the day to day care is performed by them (remember yesterdays post!) Just say I started helping a patient to eat not knowing they had a swallowing problem and they choked to death? If i'd had access to the notes, I could have checked that before I'd done it?

Please refrain from insulting other healthcare workers that you clearly know nothing about.

Saturday, March 01, 2008 11:13:00 AM  
Anonymous DrCrippen said...

Faith

It wasn't my statement. The statement is made by Dr PAUL CUNDY of the British Medical Association, an organisation from which I resigned because it is populated by dinosaurs.

You are doing it yourself, you know. What is wrong with receptionists? They do a valuable job. They are HCAs too you know.

And that is the point. EVERYONE in the NHS can claim to be an HCA and they ALL have access to your personal data

John

Saturday, March 01, 2008 11:26:00 AM  
Anonymous Anonymous said...

Faith so do you read up on every patient on the ward?
Glad to know you take the time to ensure they all have a check to make sure your doing it right.
Does make me wonder how all those NBM patients get fed a few hours before an op.

Saturday, March 01, 2008 11:47:00 AM  
Anonymous Anonymous said...

sorry that should have been you're or you are not your!

Saturday, March 01, 2008 11:47:00 AM  
Blogger BJM said...

Nice heads up. Thanks

Saturday, March 01, 2008 12:05:00 PM  
Anonymous nhsPenPusher said...

I won't even have a bleedin nectar card because I don't want insurance companies to know what I eat, drink, et cetera. The idea that they could get hold of medical records is truly frightening and Orwellian.

Saturday, March 01, 2008 12:34:00 PM  
Anonymous Anonymous said...

The NHS IT system will be wide open to misuse. During a radio interview on the Today programme John Humphreys was informed that about half a million people who work for the NHS could theoretically have access to his medical records. The sharp intake of breath was audible, followed by Humphreys verifying that figure in astonishment.

How are all these people going to be policed? Think of the possibilities for the unscrupulous. It is already apparent that some people have used their access to check on their own hospital test results, and those of their families. What about curiosity about acquaintances? How about the unscrupulous paying NHS employees to provide details of the newsworthy? No wonder politicians are trying to prevent their details appearing on this system.

Saturday, March 01, 2008 2:10:00 PM  
Anonymous Pip said...

"The government lied".

No longer any surprise, but the greatest legacy that history will record on the Bliar and Broon decade of doom for the UK.

I have written to my GP and asked for my records not to go on the NHS spine, but (nothing to do with their integrity which I have no reason to doubt) am not confident that everyone and his wife will not be able to access my medical details whenever they feel like it. Wilbur Smith had nothing to fear in comparison to today's environment!

Saturday, March 01, 2008 6:32:00 PM  
Blogger Dr Snuggles said...

Nor did Winston!

A catalogue of data-protection breaches means I have no faith in the security of the 'spine', and my practice is actively encouraging patients to opt out. Unfortunately, the default position is that everyone is opted in.

Saturday, March 01, 2008 7:23:00 PM  
Anonymous Anonymous said...

Faith Walker

suppose someone forgot to prominently mark on some notes that your patient had a swallowing problem. then you come along and despite reading all their medical records, you did not discover that they had a swallowing problem.

would you continue feeding them even when they continued to choke on the food?

how did we manage all these years? perhaps more money should be spent on training the carers and less money should be spent on computors.

Sunday, March 02, 2008 6:49:00 PM  
Anonymous Anonymous said...

Disclosure after a patient’s death:

You still have an obligation to keep personal information confidential after a patient dies. The extent to which confidential information may be disclosed after a patient’s death will depend on the circumstances. If the patient had asked for information to remain confidential, his or her views should be respected. Where you are unaware of any directions from the patient, you should consider requests for information taking into account: whether the disclosure of information may cause distress to, or be of benefit to, the patient’s partner or family; whether disclosure of information about the patient will in effect disclose information about the patient’s family or other people; whether the information is already public knowledge or can be anonymised; the purpose of the disclosure. If you decide to disclose confidential information you must be prepared to explain and justify your decision.

NHS Choices don't seem to care much about this.

Friday, April 11, 2008 3:52:00 PM  
Anonymous Jay Andrews said...

Patient care is as much an educational process of people in how to live their lives, than it is in alleviating or fixing acute or chronic problems. Patient care occurs all the time—Sometimes patients come in to be seen by caregivers

Saturday, May 23, 2009 12:23:00 PM  

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Dr John Crippen's weekly diary. The trials and tribulations, the pleasures and pitfalls of family medicine in the modern British National Health Service.

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