Ministers to snoop on patients' private medical records
By Jo Dillon Political Correspondent
05 May 2002
The Government is proposing controversial legislation which will allow
ministers to see and pass on confidential patient information contained in
private medical files.
Under new legal regulations that will be brought to Parliament next week and
are almost certain to be passed, the Health Secretary, Alan Milburn, will be
allowed to order doctors to give him an individuals' medical records without
their permission, to pass them on for research purposes or if there is a
perceived risk to public health, and to fine doctors up to £5,000 if they refuse
to co-operate.
Civil liberties campaigners warn that the move could spell the end of the
doctor-patient relationship and potentially breach human rights.
There are fears that information about mental health patients could be
obtained for "research purposes" and passed on without the patient's consent,
and that HIV and Aids sufferers could find that private information about their
cases is no longer private.
Experts believe patients could be discouraged from discussing intensely
private and potentially embarrassing complaints with their doctors.
At present, only the patient and the doctor have the right to see medical
records. Information cannot be passed on without consent unless a court of law
orders it, or the police request it in rape or murder cases or it contains
information about a strict list of infectious diseases, including measles, mumps
and meningitis, which must, by law, be passed to the Public Health Laboratory
Service.
The director of Liberty, John Wadham, said: "This is another example of the
absence of strong controls on our personal information.
"There is a growing trend in government towards sharing data. Unfortunately,
we can't trust the Government to look after data there are too many examples
where their definition of the public interest ... over-rides our basic human
rights."
The General Medical Council and the British Medical Association have both
agreed to support the Government after warnings that opposition could lead to
medical research being stifled. They were told it was a vital resource in the
fight against cancer, as information will be put into cancer registries to
monitor trends and evaluate the effectiveness of prevention and screening
programmes. There were also guarantees that the information will not be abused.
But a spokesman for the GMC said: "We are not happy because we believe
patients should have a right of autonomy in relation to their information and
confidentiality."
The Tories are also determined to try and block the regulations, which will
be brought before the House of Commons on 16 May.
Liam Fox, the shadow health secretary, said: "This is yet another illiberal
measure brought forward by this Government which will effectively end our rights
to confidentiality. Doctors will be put in the impossible position of choosing
between breaking their ethics or breaking the law."
A spokesman for the Department of Health said: "Section 60, a new power
available to Health Secretary Alan Milburn allows confidential information about
patients to be used without their consent.
"Section 60 will only be used to sustain essential NHS activity that benefits
this and future generations of patients while new ways of working and consent
procedures are set in place."
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