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Confidentiality Release - what is it important for?

Confidentiality release - what you need to know about it
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Arthur
26.09.2023

Key findings

The duty of confidentiality is central to the relationship of trust in professions such as doctors or lawyers. A release usually takes place when other interests prevail, such as in legal disputes. The written release clarifies who is allowed to know what and why. Data protection plays an important role here, as only certain, agreed information may be shared. Both parties should be aware of their responsibility under data protection law. This ensures that privacy is protected.

One of the most important rules for professionals in many professions is the duty of confidentiality. This states that information obtained in connection with the work must be kept confidential. This applies, for example, to doctors, lawyers, priests, and therapists. The duty of confidentiality is intended to offer protection and confidentiality to patients, clients, or those seeking confession.

What happens if this duty is breached?

A breach of confidentiality can have serious consequences, both for the professional and for the person concerned. It can lead to legal consequences, and trust in the profession can also be affected. In some cases, a claim for damages may also be made.

Release from confidentiality: What you should know

In some cases, however, it may be necessary for the duty of confidentiality to be released. This may be the case, for example, if a client could be a danger to himself or others, or if information is needed for a legal dispute. In such cases, the person concerned must sign a release of confidentiality.

A release of confidentiality usually contains information about the purpose for which the information may be disclosed and how the information may be disclosed. It must also be clear who will receive the information and for what purpose.

The following components are important:

  • Identification of the person releasing the confidentiality: This may be the patient, client, or confession seeker.
  • Identification of the person to whom the information may be disclosed: This may be another person or institution, such as a court or a doctor.
  • Purpose of disclosure of the information: This must clearly define the purpose for which the information may be disclosed.
  • Type of information that may be disclosed: Here it must be described what information may be disclosed.
  • Duration of conferral: Here it must be stated how long the conferral is valid.
  • Date and signature: The release must be dated and signed by the person issuing it.

Data protection and release from confidentiality

The release from confidentiality and data protection are closely linked, as the disclosure of information is about protecting personal data. Data protection aims to protect the privacy and rights of the person whose information is disclosed. When the duty of confidentiality is released, it is important that the information is shared in a way that is compliant with data protection. This means that the information must only be shared for the purpose for which the release was issued and that it must be stored in a secure manner.

It is also important that the person to whom the information is disclosed is informed of their responsibilities with regard to data protection. This includes the obligation to keep the information confidential and to store it securely.

Conclusion

In conclusion, the duty of confidentiality is an important part of the trusting relationship between a professional and a patient, client, or confessional. It is important that this duty is respected to ensure the protection of information and trust in the profession. However, in certain situations, it may be necessary for the duty of confidentiality to be released and it is important that this is done in a lawful and data protection-compliant manner.

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