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Part B1 of 8 The Accountable Professional Chapter 19 of 75

Confidentiality and Disclosure Questions

NMC CBT confidentiality practice: the duty of confidence, when disclosure is lawful, need-to-know sharing, and worked scenario answers.

JobLabs Editorial
By JobLabs Editorial · UK healthcare reference editorial team
· · Updated · 2 min read

Nurses hold a great deal of private information, and patients trust that it stays private. The Code makes confidentiality a professional duty, and the CBT tests whether you understand both the rule and its limits.

The default is simple: patient information is confidential. The harder skill, and the one the exam probes, is knowing the narrow situations where you can share it, and how much.

The three lawful grounds

You can disclose confidential information when one of these applies:

  • The patient consents to the sharing.
  • The law requires or permits it, such as a court order or a notifiable disease.
  • Disclosure is justified in the public interest, to prevent serious harm.

If none of the three applies, the information stays confidential, however reasonable the request feels and whoever is making it. A police officer asking, a colleague curious about a former patient, a relative wanting an update: none of those is a lawful basis on its own.

Need to know

Sharing inside the care team is legitimate, but it is bounded by the need-to-know principle. The team treating the patient gets the information relevant to that care, not the whole record and not idle detail. Discussing a patient with staff who are not involved, or anywhere you can be overheard, is a breach even when you mean well. A surprising number of B1 questions are really about where and to whom you are talking.

The public interest test

The hardest questions describe a patient whose choices put someone else at risk: the driver with uncontrolled epilepsy who will not inform the DVLA, the person who threatens serious violence. Here confidentiality can yield. You try persuasion first, then disclose only to the body that can act, and only what is necessary to prevent the harm. Proportion matters: telling the right authority is defensible, telling an employer or posting publicly is not.

One point catches people out: the duty does not end when a patient dies. Access by relatives runs through specific legal routes, not an automatic right. Next: record keeping. Five confidentiality scenarios first.

Sources & further reading

  1. 1NMC — The Codenmc.org.uk
  2. 2NHS — Confidentiality and your health recordsnhs.uk
  3. 3GOV.UK — Confidentiality: NHS Code of Practicegov.uk
Key takeaway from Confidentiality and Disclosure Questions

Frequently asked questions

Can I discuss a patient with colleagues not involved in their care?
No. Information is shared on a need-to-know basis with the team providing care. Talking about a patient with colleagues who are not involved, or in a place where you can be overheard, breaches confidentiality even if you mean no harm.
A patient tells me they intend to seriously harm someone. What do I do?
This is a recognised public interest ground for disclosure. You share the information with the people who can prevent harm, such as the wider team or relevant authorities, and you disclose only what is necessary. Preventing serious harm can outweigh the duty of confidence.
Does confidentiality end when a patient dies?
No. The duty of confidence continues after death. You still cannot share the person's information freely with relatives or others without a lawful basis.

Check your understanding

Quick quiz: Confidentiality and Disclosure Questions

5questions. Click an answer to see the explanation. Your score is saved on this device only.

  1. 1

    In a hospital lift, a colleague asks how the patient in bay 4 is doing. Several visitors are in the lift. What should you do?

  2. 2

    A police officer asks for a patient's home address. There is no court order and the patient has not consented. What is the correct response?

  3. 3

    A patient with epilepsy continues to drive against medical advice and will not tell the DVLA. What can the nurse do after exhausting persuasion?

  4. 4

    You need to refer a patient to the tissue viability team. How much information should you share?

  5. 5

    A relative of a deceased patient asks to see the medical records. What applies?

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