Example

Confidentiality Clauses in a Staff Contract

Background

NHS staff members have a legal duty of confidence to patients and it should be made clear to them that breaching patient confidence can be a serious disciplinary offence.This can be best supported by the inclusion of a duty of confidence requirement in employment contracts setting out terms and conditions.

The following are examples of the types of clauses that may be appropriate in full or in part.

  1. “You are required to maintain an appropriate standard of confidentiality. Any disclosures of confidential information (including personal information kept on computer or other media) made unlawfully outside the proper course of duty will be treated as a serious disciplinary offence.”
  1. “Any employee disclosing confidential/patient records or information to any unauthorised person or persons will render the employee subject to disciplinary action, which may result in dismissal.”
  1. BMA Model Contract of Employment – Confidentiality Clause: You are required to preserve the confidentiality of any information regarding patients, staff (in connection with their employment), and the practice business and this obligation shall continue indefinitely.A breach of this requirement will be regarded as gross misconduct and as such will be grounds for dismissal, subject to the provision of the disciplinary procedure.
  1. The Law for Business Corporation Limited – Confidentiality: You will not at any time during your employment (except as so far as is necessary in the course of your employment) or afterwards, disclose to any person any information as to the business, dealings, practice, accounts, finances, trading, software, know-how, affairs of the practice of any of the practice’s patients or prospective patients, distributors, firms or companies otherwise connected with the practice.All information held about the practice or in connection with the practice and any of the above is to be regarded as confidential. All notes, memoranda, records and other documents of the employer and in your possession are and shall remain the property of the employer and shall be handed over by you to the employer from time to time on demand and, in any event, upon termination of your employment.Given the highly confidential nature of the work you will undertake, you should understand the telephone conversation in particular should be conducted in a confidential manner.You should understand that any breach of this clause would constitute a very serious disciplinary offence for which you may be dismissed. Should you breach this clause after your employment has ended, the organisation may take legal action against you.