If implied consent is given, such as a patient bringing a family member into a GP surgery then the patient’s situation can be discussed. However, if another matter needs to be brought up or bad news is broken the doctor must clarify with the patient and gain consent first. Confidentiality can also be broken if a court order is issued in which case medical records or other information may be shared. Informing the authorities is also permitted if someone has a notifiable disease such as meningitis. If a child is under the age of 16 and requests for information to remain confidential they must be Gillick competent (have the intelligence, competence and understanding to appreciate what is involved in their treatment). If they fail this test their information may be shared. When answering this question it is important to remember that HIV/AIDS are not notifiable diseases and that simply because a child is underage it does not mean that they do not have competence to make a decision and therefore the right to confidentiality.
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