Law 3101A/B Chapter 10: HCL - CHAPTER 10
Document Summary
Part 1: general principles of con dentiality: the legal concept of con dentiality. The legal obligation of con dentiality is the obligation not to willingly disclose information obtained in con dence from a person without the person"s consent. However, disclosure may be required by search warrants, mandatory reporting obligations, etc. Since these disclosures are not made willingly, they do not constitute breaches of con dentiality. A con dentiality obligation arises in any situation that creates a reasonable expectation of privacy. The courts will generally assume that all treatment, counselling and care professionals owe an obligation of con dentiality to their patients, even if there is no mention of the issue. An obligation of con dentiality applies to anything patients disclose about themselves or others, and to patient information received from another health professional. The fact that a person is a patient is con dential.
