GP’s should obtain consent (expressed or implied) from the patient’s partner if referring both the patient and partner. In the absence of this evidence the secondary/tertiary centre should obtain consent (expressed or implied) from the partner.
Three areas to be considered.
From a data protection perspective, sharing of patient data from primary to secondary or tertiary care to be carried out on the basis of public task rather than consent.
- Common law duty of confidentiality
Details which are being shared are medical records of both partners, and so information which the non-attending partner would expect their GP to maintain in confidence and only share with permission, or for as otherwise understood, e.g. in the case of implied consent for information sharing for the purposes of direct care.
As noted above, implied consent is often used to override the common law duty of confidentiality in connection with information sharing for the purposes of providing direct care. It is possible that the partner who has not attended the GP appointment does not know that they are being referred, on the back of a GP appointment with their partner, to the National Fertility Service, it is difficult to imply consent to the information sharing.