YOU are grocery shopping when you see one of your former clients. The client gives you an update about their health. They tell you they are feeling much better and were recently discharged by their oncologist. They also mention that they are changing jobs and separating from their spouse.
Is the information they shared still confidential?
Yes. Even though the client shared this information casually, it is still confidential.
When you worked with this client, they gave consent for you to collect and use their personal health information only to provide healthcare. They did not give you consent to use or share that information for any other reason.
It is risky to decide that some client information is confidential, and some is not. This could lead to accidental sharing of private details. For this reason, all information you learn through your work with a client must be treated as confidential, even if it is shared in a casual setting.
You must not share confidential information — in writing, in conversation, or electronically — unless you have consent or legal authority. In most situations, you need clear (express) consent before sharing a client’s personal health information.
Confidentiality is important because clients need to trust their dietitian. If clients do not feel safe, they may choose not to share information that is important for their care.
Key considerations for dietitians
- All information a client shares — medical or not — is confidential, even if shared informally.
- The fact that someone is your client is also confidential.
- Clients may expect that anything they tell you, even outside an appointment, is private.
- Before sharing any information, you must have clear consent or a legal reason to do so.
Professional misconduct and legal requirements
Sharing a client’s confidential information without consent is considered unethical and professional misconduct. It may lead to legal action. The Professional Misconduct Regulation states:
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- Giving information about a client to a person other than the client or his or her authorized representative, except with the consent of the client or his or her authorized representative or as required or allowed by law.
Aside from the Dietetics Act, and the Personal Health Information Protection Act, other laws also protect client information, depending on where a dietitian works. These include:
- Public Hospitals Act – client information in hospital settings.
- Freedom of Information and Protection of Privacy Act – applies to provincial government.
- Municipal Freedom of Information and Protection of Privacy Act – applies to municipal workplaces.
- Mental Health Act – applies to mental health facilities.
These laws explain when personal health information can or cannot be shared outside the organization.
