ABSTRACT

Regulating the use and disclosure of medical records involves balancing the needs and interests of the public with those of individuals. Although modem society places a lot of value on individual rights, the needs of society must sometimes prevail. Parliament has identified a number of situations where this should occur, and has made these the subject of mandatory reporting legislation. It is not possible, however, to identify in advance every situation where disclosure will be required, as the best course of action will often depend upon the specific circumstances in question and the political, social and legal climate existing at the time. In the absence of a statutory obligation to disclose patient information, the duty of confidentiality can be overridden only where doing so is justified by the public interest.