Confidentiality, Anti-Discriminatory Practice Assignment Sample

Introduction

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The concept of 'privacy' and 'confidentiality' is critical to the interaction in a health care setting. When the health care provider and his patients have a realistic expectation of confidence in one another, a trusting relationship is formed. A person is entitled to privacy. Protecting a patient's privacy while keeping their medical information private is an important part of privacy. When a patient's confidential medical information is released to an unauthorized third party, the patient has the right to initiate legal action against the unauthorized third-party Snelling and Quick, 2022). Confidentiality, on the other hand, only pertains to the information itself. People have a right to have their medical information kept a secret between them and their caregivers. It's a way to have more security. An important component of personal concern for the patient and an essential condition for open communication between patients and healthcare professionals is the confidentiality of the person's information Snelling and Quick, 2022). This essay will form a comprehensive discussion on the subject to illustrate the aspects of confidentiality in the context of health and care settings.

Summarization of the Legislative Structure

Since confidentiality in health and social care enables clients to have trust that they may disclose information, this can be incredibly crucial in ensuring that they receive the treatment they require (Bani Issa et al., 2020).  As a result, medical experts and caretakers must maintain patient anonymity in order to effectively carry out their duties.

Legal frameworks

The common law obligation of secrecy is based on the idea of confidentiality, which is drawn from the common law. People are more likely to speak out about problems and concerns when they know they can do so in confidence.

Human Right Act (HRA)

To guarantee that individual human rights are maintained and safeguarded in the UK, the government has the Human Rights Act (HRA) (George and Bhila, 2019). It incorporates the 16 human rights principles outlined in the European Convention on Human Rights into domestic legislation. These rights guarantee that everyone is treated equally, fairly, and with regard. As part of the Human Rights Act, public entities (as well as those providing a "function of public character") have a legal obligation to ensure that human rights are upheld throughout all of their activities and decisions (Middleman, Olson and Blake, 2017). According to these principles, Human rights must be respected as a moral imperative, the obligation to safeguard people's rights.  Any action made by a public authority, particularly those in health and social care, must uphold and protect human rights

The Human Rights Act (HRA) serves as a basic statute in the United Kingdom. On paper and in fact, this implies that all other UK legislation must be in accordance with the HRA. In the United Kingdom, this includes laws governing health and social services, such as the "Social Services and Well-Being (Wales) Act 2014" in Wales, the "Care Act 2014" in England, etc.

Care Act of 2014

Under the Care Act of 2014, the following are the fundamental principles. Vulnerable individuals should be protected using a person-centred approach, according to the Care Act 2014 (Matiti, 2020). The sensitive person's well-being and requirements are at the centre of safeguarding procedures while following the principles. When dealing with safety issues and plans of care, the immediate relatives can assist the providers in including care plans and privacy issues to reach choices in the best interest of the client. 

Health and Social Care (Safety and Quality) Act 2015

Legislation enacted in 2015 mandates the sharing of patient information across health and human service agencies in order to improve the quality of treatment provided to a person (Anka et al., 2017). An explanation of this legislation's requirements is provided in this framework and the evidence is simple: Individuals' information must be shared in involvement with their loved ones, according to their choices and p