Professional secrecy and confidentiality
- Principle
The doctor keeps private everything learned about the patient through work, except the exceptions set by law.
What it is
Confidentiality protects trust: if patients fear their information will spread, they hide details and their care suffers. In Colombia, Law 23 of 1981 defines medical professional secrecy as what it is not ethical or lawful to reveal without just cause, and requires keeping everything the doctor has seen, heard or understood through the profession (art. 37). The medical record is a private, confidential document (art. 34), and Law 1751 of 2015 recognises the right to privacy and to confidentiality of health information.
What it requires
- Do not reveal patient information to third parties without permission, including relatives, employers and insurers.
- Protect paper and electronic records: access only for those caring for the patient.
- Discuss patients only in private places; never in lifts, corridors or social media.
- Anonymise cases used for teaching or publications.
- When the law allows disclosure, reveal only what is strictly necessary.
In clinical practice
- If a relative asks about the patient, first ask the patient's permission.
- A photo of a case in a messaging group, even without a name, can identify the patient.
- Adolescents also have a right to confidentiality; its limits are explained at the start of the visit.
- When an authority makes a request, check that the law covers it and hand over only what is asked.
Limits and exceptions
- Law 23 of 1981, art. 38: exceptions to secrecy (see «Limits of confidentiality»).
- Decree 3380 of 1981, art. 23: the doctor's assistants or institution knowing the record does not breach its confidentiality; art. 24: the doctor is not liable for what assistants reveal.
- Law 1751 of 2015, art. 10, items g) and k): confidentiality of the medical record and of health information.
- Official texts checked on 2026-11-05 at funcionpublica.gov.co.
Test yourself
Think of the answer, then tap the question to see it.
How does Law 23 of 1981 define medical professional secrecy?
As what it is not ethical or lawful to reveal without just cause; it covers everything the doctor saw, heard or understood through the profession (article 37).
Which article of Law 23 of 1981 lists when professional secrecy may be revealed?
Article 38, with five situations, items a) to e).
May a doctor tell the spouse the diagnosis without the patient's permission?
As a rule no; the patient's permission is needed, except for legal exceptions such as a serious risk to the spouse or offspring.
Does the treating team's access to the medical record breach secrecy?
No. Decree 3380 of 1981 (article 23) states that access by assistants and the institution does not breach its confidentiality.
Connections
Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.
Sources: Ley 23 de 1981, por la cual se dictan normas en materia de ética médica (Función Pública, Gestor Normativo, 1981); Decreto 3380 de 1981, por el cual se reglamenta la Ley 23 de 1981 (Función Pública, Gestor Normativo, 1981); Ley Estatutaria 1751 de 2015, que regula el derecho fundamental a la salud (Función Pública, Gestor Normativo, 2015); Confidentiality (University of Washington, Department of Bioethics & Humanities, 2018).
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Representative model, for educational purposes only.