The relationship between patient and the team providing medical care is based on trust.
We have a professional duty to keep information related to you confidential. Nothing can be disclosed to a third person without your consent, regardless of whether or not the requested treatment is given. We will respect confidentiality, regardless of age, as long as the doctor or nurses feels that the patient is capable of understanding and of making an informed choice about the treatment and/or advice.
In Scotland, the law assumes that anyone over the age of 12 years old can make their own decisions about their health care. Anyone under 12 years old may make decisions about their health care but the doctors must believe that the patient understands enough to be able to do this.
To this end, information regarding the health care of anyone over the age of 12 years, including booked appointments, will not be disclosed to anyone other than the patient, except in cases where prior consent from the patient has been granted to disclose information to a third party.
Please see the following leaflets on the Health Rights Information Scotland website for further details on confidentiality in Scotland:
Confidentiality - it's your right
Confidentiality - your rights (a guide for under 16's)
Capacity and Informed Consent
A patient is deemed to have the capacity to make informed consent if they can
- understand the advice provided/proposed treatment
- understand the potential consequences
- make an informed choice. Capacity is task specific, meaning that the health professionals will assess it at every proposed treatment and/or intervention.
Consent to Treatment and Care
You have the right to give or withhold consent to all or any part of proposed treatment or care. We will respect your right of choice.
Confidentiality may only be broken in situations when the health, safety or welfare of the patient or others, would be at grave risk or serious harm, and if disclosure to an appropriate person would prevent this. The decision whether to break confidentiality depends on the current or potential harm, not on the age of the patient. The amount of information released must be the minimum required to aid care and prevent harm or danger. For further information please read our leaflet – “How we use information”.
Data Protection Registration
The practice is registered with the Information Commissioner, who holds a description of the data collected and retained by the practice. Our nominated Data Controller is Dr Neil Houston. All information is held, retained and destroyed in accordance with NHS guidelines.
Access to your medical records
Under the Data Protection Act 1998, you are also entitled to access your clinical records or any other personal information held about you. If you require access your request in writing should be sent to the Practice Manager who will contact you to arrange a convenient time. There is a charge for access to medical records.
Freedom of Information
The Freedom of Information (Scotland) Act 2002 recognises that members of the public have the right to know how public services are organised and run, how much they cost and how the decisions are made. Under the act General Practice is defined as a public body. To comply with Section 23 of the Act, we have adopted the British Medical Association model publication scheme, which sets out the information routinely made publicly available. Our commitment to publish information excludes any information, which can legitimately be withheld under the exemptions set out in the Freedom of Information (Scotland) Act 2002.