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.

2. 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.

3. 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.
4. 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 practices 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.