Practices must warn patients that electronic transmission of data is not totally secure or foolproof, says a medical defence organisation in its new guidance on confidentiality.

The Medical Defence Union has updated its guide to confidentiality and included a revised section on new recording and communication technologies. It says technologies such as mobile phones, video and the internet have had a profound impact on the confidentiality of patient information.

The guidance says patients need to be informed that it may not be possible to transmit their data securely through electronic media.

Dr John Holden, MDU medico-legal adviser, recommended that doctors review their systems for using electronic media with more and more doctor/patient and doctor/doctor communication taking place electronically.

He added: “Communicating by fax, phone, email and the internet are on the increase and these media can offer greater convenience and flexibility for patients and doctors. But, as no electronic media can be 100% secure it is important to inform patients of this and of how their data will be used. Doctors may decide to do this in a patient leaflet or notice in the waiting room. A patient may decide that they prefer to communicate with their doctor face to face rather than electronically and this wish must be respected."

The guidance emphasises that emails may not be a secure form of communication and advises doctors to anonymise or encrypt data where possible.

It adds: “You may wish to consider other means of communication if you have to transmit sensitive patient information to other medical practitioners.”

The MDU’s guide to confidentiality also includes advice on areas such as when confidential information can be disclosed in the public interest, dealing with children under 16, parental responsibility, and disclosure to solicitors, to insurance companies and to trusts for clinical audit purposes.

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