Dáil Éireann Debate, Tuesday - 26 June 2018
326. Deputy James Browne asked the Minister for Health if he has had discussions with the Department of Justice and Equality regarding lacunae in data protection legislation that may be preventing mental health professionals from informing family members or others that are at risk of violence from a patient; and if he will make a statement on the matter. [27557/18]
Amharc ar fhreagraI am not aware of any lacuna in data protection legislation as described by the Deputy and therefore I have had no discussions with the Department of Justice and Equality on the matter.
The Deputy will be aware that confidentiality is a fundamental principle of medical ethics and is central to the trust between patients and doctors. In this regard, the Medical Council publishes a "Guide to Professional Conduct and Ethics" for registered medical practitioners. This document provides guidance to doctors on matters relating to professional conduct and ethics, including responsibilities to patients as well as the issue of medical records and confidentiality.
It is important to note that the Guide clearly states that registered medical practitioners are specifically allowed to ethically breach confidentiality if, for example, they believe that the patient is at risk of harming himself/herself or others.
I hope this reassures the Deputy, however if he has a specific concern I would ask him to raise it with me for further consideration.
