The Medical Defence Union (MDU), the UK's leading medical defence organisation, says that GP practices are regularly seeking its advice on how to ensure patient confidentiality when using electronic records. In an article published in its latest In Practice1 journal for practice managers, MDU medico-legal adviser, Dr James Armstrong, answers some of the most common questions on the subject to the MDU's medico-legal advice helpline in recent years.
Dr Armstrong said: "Electronic records and communications are an increasing feature of GP practice and members may justifiably feel they are a valuable and efficient tool. However, compared to paper records, they do pose slightly different challenges when it comes to safeguarding patient confidentiality and MDU members regularly contact us for risk management advice about this."
Areas addressed by Dr Armstrong include emailing correspondence about patients; protecting information when transferring records electronically; upgrading computer systems; and the need to scan hospital correspondence. One example and the key points of his advice is set out below:
Can we send correspondence about patients by email?
- where an email contains patient information, you must consider the risk of the email being intercepted and ensure that it is effectively protected against improper disclosure at all times.
- any email exchange with or about a patient should take place only with the patient's full agreement, in line with the Data Protection Act 1998.
- you have a responsibility to ensure robust security measures are in place, such as encryption of data.
- it is prudent to satisfy yourself that adequate security is in place at the receiving end.
- The GMC says2 that if necessary you should seek appropriate authoritative professional advice on how to keep information secure and you should record the fact you have taken such advice.
Elsewhere in this issue, MDU medico-legal adviser, Sue Parker, explains how to set up protocols in general practice to define roles and responsibilities within the healthcare team. She said: "As nurses' roles have extended to include more complex medical services and healthcare assistants have become more involved in the delivery of care, protocols can clarify what is expected of those involved and define when they should seek advice from a doctor."
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