Some ethicists argue that patient confidentiality is absolute and thus should never be broken. I examine these arguments that when critically scrutinised, become porous. I will explore the concept of patient confidentiality and argue that although, this is a very important medical and bioethical issue, this needs to be wisely delivered to reduce third party harm or even detriment to the patient. The argument for absolute confidentiality is particularly weak when it comes to genetic information and inherited disease.

: The Islamic jurists utilized the discipline of maqāṣid al-sharīʿah,in its capacity as the philosophy of Islamic law, in their legal and ethicalinterpretations, with added interest in addressing the issues of modern times.Aphoristically subsuming the major themes of the Sharīʿah, maqāṣid play apivotal role in the domain of decision-making and deduction of rulings onunprecedented ethical discourses. Ethics represent the infrastructure of Islamiclaw and the whole science of Islamic jurisprudence operates in the lightof maqāṣid to realize the ethics in people’s lives. (...) Scrutinizing the key themesof maqāṣid-based ijtihād and scope of ethics in maqāṣid, this article delvesinto the discourse on the application of maqāṣid to medical ethics. As a casestudy, this research analyses the extent of medical confidentiality in the light ofmaqāṣid and arrives at the conclusion that limited confidentiality goes more inline with the maxims of maqāṣid. (shrink)

The aim of this paper is to examine the theoretical foundations of the professional secret and confidentiality in Social Work and Social Education in order to propose an alternative approach to the issue which does not reduce the professional secret to a utilitarian device designed to increase the success of social services. Our approach rests upon the idea that the professional secret not only protects the individual that has confided a secret, but also society as a whole, since intimacy and (...) privacy are a necessary presupposition of all other human rights. Understood this way, the professional secret should be regarded as a cornerstone of democracy. The article therefore concludes by warning policy-makers and social workers and educators of the paradox inhabited by the professional secret: breaching confidentiality may be simultaneously an inevitable measure to safeguard society and a way to render society as a whole more vulnerable. (shrink)