Back to Chapter 3 Privacy, Confidentiality & Medical Records
Opinion 3.1.1

Privacy in Health Care

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Protecting information gathered in association with the care of the patient is a core value in health care. However, respecting patient privacy in other forms is also fundamental, as an expression of respect for patient autonomy and a prerequisite for trust.

Patient privacy encompasses a number of aspects, including personal space (physical privacy), personal data (informational privacy), personal choices including cultural and religious affiliations (decisional privacy), and personal relationships with family members and other intimates (associational privacy).

Physicians must seek to protect patient privacy in all settings to the greatest extent possible and should:

  1. Minimize intrusion on privacy when the patient’s privacy must be balanced against other factors.
  2. Inform the patient when there has been a significant infringement on privacy of which the patient would otherwise not be aware.
  3. Be mindful that individual patients may have special concerns about privacy in any or all of these areas.
  4. Be transparent with any inquiry about existing privacy safeguards for patient data but acknowledge that anonymity cannot be guaranteed and that breaches can occur notwithstanding best data safety practices.
AMA Principles of Medical Ethics: I, IV
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Opinion 3.1.2

Patient Privacy & Outside Observers to the Clinical Encounter

When individuals who are not involved in providing care seek to observe patient-physician encounters, physicians should safeguard patient privacy by permitting such observers to be present only when the patient has explicitly agreed to the presence of the observer(s), the presence of the observer will not compromise care, and the observer has agreed to adhere to standards of medical privacy and confidentiality.
Opinion 3.1.3

Audio or Visual Recording Patients for Education in Health Care

Audio or visual recording of patients can be a valuable tool for educating health care professionals, but physicians must balance educational goals with patient privacy and confidentiality. Physicians also have an obligation to ensure that content is accurate and complete and that the process and product of recording uphold standards of professional conduct.
Opinion 3.1.4

Audio or Visual Recording of Patients for Public Education

Audio or visual recording of patient care for public broadcast is one way to help educate the public. However, physicians have an obligation to protect patient interests and ensure that professional standards are upheld. Physicians also have a responsibility to ensure that information conveyed to the public is complete and accurate.
Opinion 3.2.4

Access to Medical Records by Data Collection Companies

Information gathered and recorded in association with the care of a patient is confidential. Disclosing information to third parties for commercial purposes without consent undermines trust, violates principles of informed consent and confidentiality, and may harm the integrity of the patient-physician relationship.