Privacy is about a patient's control over their information while confidentiality is the healthcare provider's duty to safeguard that information once it has been disclosed. Both are important to have a secure and reputable healthcare practice.
Privacy refers to an individual's right to control access to their personal information. In healthcare, patients have the right to decide who can access their medical records, sensitive health information, and personal details.
On the other hand, confidentiality pertains to the responsibility of healthcare providers to protect the information they have been given by patients during treatment or care. It is a key ethical and legal obligation that requires careful handling of patient data, whether written, electronic, or verbal.
While both privacy and confidentiality aim to protect patient information, each has a different scope. Privacy focuses on the patient's right to control who has access to their personal information and health data. Confidentiality, on the other hand, focuses on the healthcare provider’s duty to protect the patient information they are entrusted with and not share it without consent.
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“The protection of privacy and the concomitant duty of confidentiality are essential to foster trust in the patient-physician-relationship, the delivery of good patient care and a positive patient care experience,” writes the Canadian Medical Association (CMA).
Therefore, understanding the difference between privacy and confidentiality in healthcare ensures that both patient rights and professional responsibilities are respected. Privacy emphasizes the patient's control over who can access their personal health information, which is essential for safeguarding their autonomy and protecting them from potential harm, such as discrimination or identity theft. Confidentiality, on the other hand, focuses on the healthcare provider's duty to protect sensitive information once it has been shared. By knowing the distinction, healthcare professionals can better navigate ethical and legal obligations, build trust with patients, and ensure compliance with regulations like HIPAA.
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The Health Insurance Portability and Accountability Act (HIPAA) sets standards for protecting sensitive patient information in the U.S. It mandates that healthcare providers ensure patient data is private (controlled by the patient) and confidential (not shared without authorization).
A breach can result in legal penalties for the healthcare provider, loss of patient trust, potential identity theft, or misuse of personal health information. Under HIPAA, entities that fail to protect patient data can face substantial fines.
See also: Understanding and managing a HIPAA breach
A privacy breach occurs when a patient's rights to control their information are violated (e.g., unauthorized access). A confidentiality breach happens when a healthcare provider fails to safeguard information that a patient has disclosed, often leading to unauthorized disclosure.