The obvious solution is to go to court, but this means making public the information they did not want anyone to know in the first place!
Therefore, it is important to develop "front-end" safeguards that prevent unauthorized breaches from occurring.
One of the biggest problems in confidentiality protections is the lack of clarity about when patient confidentiality can be breached.
How do we weigh the pros and cons of sharing personal health information with others in the medical community and with the government?
The law defines confidentiality in a number of ways.
One definition of confidentiality is based on contract law: the idea that there exists an implied promise in all physician-patient treatment relationships not to reveal information gained as part of that relationship.
Fiduciary theory would state that it should be to benefit the vulnerable party. Privacy is usually thought of as a "fundamental" right, and there are a variety of legal protections that may fall into this category, like protections of one’s home, body, and personal information.
The problem is that personal information (which is what’s at stake with medical confidentiality) is not protected at law in the same way one’s home or bodily integrity is protected.