Law 3101A/B Chapter Notes - Chapter Confidentiality and Privilege: Canadian Red Cross, Blood Donation, Blood Transfusion

• School: Western University
• Department: Law
• Course: Law 3101A/B
• Professor: Robert Solomon

Document Summary

Part 1: general principles of confidentiality: the legal concept of confidentiality. Confidentiality common law meaning: viewed as the obligation not to willingly disclose info obtained in confidence f(cid:396)o(cid:373) a pe(cid:396)so(cid:374), (cid:449)ithout that pe(cid:396)so(cid:374)"s (cid:272)o(cid:374)se(cid:374)t. Health practitioners who disclose health info as a result of search warrant, subpoena or other court orders are not disclosing willingly and would not be in breach of confidentiality obligations. Nor would they be breaching their mandatory reporting obligations under various statutes such as the child and family services act, to the health protection and. The public views confidentiality as absolute but it is not. Confidentiality is often inherent in doctor patient relationships and is assumed even in the absence of discussion. Breaching confidentiality involves disclosing information, rather than simply being a passive recipient of confidentiality info provided by others. R v. department of health ex parte source informatics ltd