The Importance of Privacy & Confidentiality in Aged Care

Privacy in plain English

• What counts as personal information

Personal information is any detail that can identify a client. This includes names, addresses, birth date, health notes, care plans, Medicare number, photographs, and identifiable information held in emails and messages.

• What the law expects from the Provider

The law expects the Provider to collect only what is needed for safe, high quality care, and to tell clients why it is collected and how it will be used. Information must be kept secure, used for the reason it was collected, and shared only with consent or where the law allows. 

Clients can ask to see their information and request corrections if it is not accurate or complete.

• Sharing without consent

The Provider may share information without consent when a law requires it or to prevent a serious threat to life, health, or safety. In those situations, staff share the smallest amount of information that will achieve the purpose, record what was shared and why, and inform the client when it is appropriate to do so.

• If something goes wrong

If information is lost, sent to the wrong person, or accessed by someone who should not see it, the Provider must act quickly to ensure the incident is contained, the facts are checked, and the risk of harm is assessed. If serious harm is likely, the Notifiable Data Breaches Scheme requires notifying the client and the Office of the Australian Information Commission (OAIC). The Provider then fixes the cause so it does not happen again.

Example: A care summary is emailed to the wrong clinic. The staff member alerts a manager then phones the clinic, asks for the email to be deleted in its unopened state, requests written confirmation of same, records the incident, and introduces a validation tool for external emails.

Confidentiality in everyday practice

• The promise the Provider makes

Confidentiality comes from employment contracts, service agreements, professional codes, and the common law of confidence. In daily work for Providers, it means conversing in private, limiting access to those who need to know, and confirming authority before sharing information about clients with anyone outside of their care team.

• What a confidentiality breach looks like

A confidentiality breach can be as simple as talking about a client in a hallway or lift; leaving open files at the nurses’ station or sharing details with a neighbour who is “just checking in”; and can also include posting a story online that reveals enough to identify a client- such as in a medical journal or blog. These actions damage trust even if they may not trigger a privacy law breach.

• Doing it right

Being mindful and proactive is key to upholding your confidentiality obligations. Ensure handover happens in private rooms, computer screens are locked when unattended, and paper files are not left where others can see them. Inside the team, limit information access to those who need it for service delivery. If a family member asks for details, staff must check the file for consent or ask the client first. When unsure, staff must pause and seek support from a senior colleague to ensure the business is not breaching any obligations.

Consequences of a Breakdown in the Confidentiality of a Client 

The effects of a confidentiality breach are both personal and systemic. Clients who discover that sensitive information was shared without proper authority often moderate what they disclose or disengage from parts of their care. That change reduces the quality of the clinical picture and can make assessments and planning less reliable. Families may also withdraw from discussions about consent or treatment choices, which creates additional barriers to coordinated care.

There are organisational consequences that reach beyond the immediate incident. Breaches commonly lead to internal reviews, additional record keeping and corrective actions that divert attention from service delivery. If similar incidents recur, complaints tend to rise and external scrutiny increases; which can involve legal expense and lasting reputational harm. These outcomes make it harder to recruit and retain staff and can undermine community confidence in Aged Care more broadly.

The way a breach is handled influences recovery. Clear acknowledgement, respectful communication with the client and family, and a transparent explanation of the steps taken to prevent a repeat can restore trust over time. Recording the facts, assessing the risk of harm, making any required notifications and addressing underlying causes show that confidentiality is treated as part of quality, not only as a compliance task.

Introduction to Disclosure in Aged Care

Disclosure refers to the controlled release of client information for a legitimate purpose. In day-to-day practice it supports safe care. Examples include handing over between shifts, providing a summary to a general practitioner or supplying information to a hospital at admission. Disclosure may also occur when a legal requirement applies, such as a lawful notice or a mandatory report. In all cases, the goal is purposeful sharing that serves the client’s interests or meets a clear obligation.

Appropriate disclosure is guided by a few consistent ideas. Information is limited to what is necessary for the stated purpose, it is shared with people who are authorised to receive it, and it is conveyed in private or through secure channels. A brief record of what was shared, with whom and why, helps future teams understand the decision and keeps the client’s file complete. This approach supports timely care while reducing unnecessary exposure of personal details.

When a Provider May Disclose Without Consent

Consent is the usual basis for sharing information, but there are defined circumstances where disclosure without consent may be lawful and necessary. One is an immediate and serious threat to life, health or safety where essential details are needed by emergency responders or treating clinicians. Another is where disclosure is required or authorised by law, including court orders, statutory notices or specific reporting obligations. A further category involves suspected abuse or neglect where information must be provided to the appropriate authority. Where a client cannot consent and urgent treatment is required, relevant information may be shared with the treating team and, where appropriate, the person responsible for the client’s care.

Even in these situations, proportionality and respect continue to apply. Disclosure is kept to the minimum needed for the purpose, secure channels are used where possible, and the legal or clinical basis for the decision is documented. When it becomes safe and appropriate, the client is informed about the disclosure so that the record remains clear and trust can be maintained.

Methods of Protecting Client Data in Aged Care

Protection of client information is most reliable when governance, culture and practical safeguards work together. Governance provides structure. Culture turns those structural expectations into daily behaviour. Induction introduces the fundamentals, annual refreshers maintain capability and short learning sessions after incidents help teams convert lessons into routine habits. Leaders model private conversations, support staff who pause to check authority before sharing information and reinforce the importance of speaking up early if something goes wrong. These behaviours reduce accidental disclosures and promote confident, respectful practice.

Practical safeguards reduce avoidable risk. Conversations take place in offices or quiet rooms rather than corridors or lifts. Paper files are stored in lockable cabinets or trolleys and are not left in public view. Digital records use role-based access, strong authentication, automatic screen locks and encryption. Secure messaging is preferred for referrals and results instead of standard email. Access logs are reviewed for unusual activity and temporary permissions are removed promptly when roles change. Retention schedules help determine how long information is kept, and records that are no longer required are destroyed securely or de-identified.

Safeguarding Client Confidentiality and Privacy with the Proper Tools

Systems and technology are instrumental in maintaining client privacy in aged care. Electronic Health Record (EHR) software with controls on entry inhibits unauthorised access. Biometric log-ins, data encryption, and secure communications systems reduce risks of compromise. Secure filing cabinets, recording room surveillance, and shredding of expired documents maintain privacy in physical environments. Training software and e-learning modules enable staff to be kept abreast of compliance requirements. Coupling secure tools with policy enforcement ensures client confidentiality is maintained in all aspects of operation.