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Medical LawText, Cases, and Materials

Medical Law: Text, Cases, and Materials (6th edn)

Emily Jackson
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date: 30 March 2023

p. 4378. Confidentiality and Datalocked

p. 4378. Confidentiality and Datalocked

  • Emily JacksonEmily JacksonProfessor of Law, London School of Economics


This chapter examines the ethical justifications for protecting patient confidentiality. It then discusses the different legal sources of the duty of confidence; exceptions to the duty of confidence; and the remedies available for its breach. It briefly considers patients’ rights to gain access to their medical records. Finally, the chapter covers the implications of ‘big data’ and machine learning for healthcare, and the increasing use of mobile technology in order to generate, store and transmit health data.

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