Professional confidentiality: what it is and how it applies
Quick facts
- Definition
- Duty not to reveal patient information obtained in the exercise of the profession, except in cases allowed by law and by the rules of the professional board.
- Scope
- Applies to the professional and to the staff who have access to the patient and to the records.
- In facial harmonization
- Includes photos, videos, medical history, quotes and conversations, all tied to the patient's health and image.
- Basis
- Ethical rules of professional boards, civil and criminal law and the LGPD.
Professional confidentiality is the duty not to reveal what a patient entrusts to the professional in the exercise of the profession. It covers everything discovered or observed during care: the reason for the visit, what the patient reports, the exam, the diagnosis, the plan and the images. The duty is old, comes from the codes of ethics of the health professions and is reinforced by civil and criminal rules and by the LGPD (Brazil's data protection law).
What is protected?
In a facial harmonization clinic, the list is longer than it seems:
| Information | Why it is protected |
|---|---|
| Photos and videos of the face | They identify the person and are facial biometric data |
| Medical history and health record | They are sensitive personal data |
| The fact that the person had a procedure | Many people do not want it known |
| Quotes and amounts paid | Financial and personal data |
| Conversations and messages | They contain health information and private life |
Confidentiality applies even after treatment has ended and, in general, after the patient's death. It applies to whoever provides care and to receptionists, assistants and anyone with access to the records or the schedule.
When can confidentiality be lifted?
There are cases provided for in law and in professional rules, such as the patient's own authorization, the legal duty to report and a court order. The exact design varies with the profession and the case. That is why, faced with a request for information from third parties, including relatives, companies or authorities, the prudent course is to confirm the legal basis and, if necessary, consult the professional board or a lawyer before answering.
How to apply it in daily routine?
True anonymization requires that the person cannot be identified, which is hard with face photos. A bar over the eyes or a partial crop usually is not enough, because other features and context allow recognition.
What about consent?
Informed consent for the procedure does not automatically cover the use of the image on social media, in classes or in promotional materials. Each purpose needs its own authorization, clear and revocable, within the rules of your professional board.
Also called: professional secrecy, confidentiality, duty of secrecy.
Frequently asked questions
Can I post a patient's photo without naming them?
Not always. If the face appears, the person is identifiable. You need specific authorization and attention to the professional board's rules. Covering only the eyes generally does not guarantee anonymity.