The duty of confidence is subject to limitations in English law. To what extent can these be justified and might confidentiality best be served as an absolute duty?
The question asks you to focus on the duty of confidence as it applies to medical law in England, and to examine the recognised exceptions that exist to this duty. The question is asking for some critical evaluation because you will need to conclude as to whether or not the duty of confidence should be absolute, or whether there exceptions ought to be available.
in your concluding paragraph remember to refer back to the question and come to a conclusion as to whether the duty of confidentiality ought to be absolute or subject to exceptions. Explain your conclusions. If you feel this should be an absolute duty, then you must explain why you think so. On the other hand, if you believe that the duty should not be absolute, then what safeguards should exist, particularly in respect of the public interest and proportionality so that individuals’ right to privacy are maintained.
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