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Dental Records and Confidentiality — MFDS Part 1 MCQ

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ModerateEthics & ProfessionalismDental Records and ConfidentialityMFDS Part 1

A solicitor asks a dental practice for a copy of the records of a competent adult patient in connection with a civil claim. The request contains no signed authority, and there is no court order, statutory duty or overriding public-interest justification. What is the most appropriate action?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: A — Obtain and validate the patient's written authority before securely releasing the requested information

Explanation lettering: E = shown as D · D = shown as E

The correct answer is A. A solicitor is a third party and must demonstrate authority to act for the patient. The practice should obtain and validate the competent patient's specific written authority, confirm what information the patient has agreed may be disclosed, review the records for applicable exemptions or third-party information, and transmit the authorised material securely. The solicitor's assertion alone is insufficient, so B risks an unauthorised disclosure. C is incorrect because a patient may authorise a solicitor to receive their information. A court order is one lawful basis for disclosure without consent, but it is not required when valid patient authority is available, excluding D. The GDC sets professional standards but does not grant case-by-case permission, excluding E.

Reference: NHS England Digital, Subject access requests guidance for IG professionals, sections 'How should I confirm a person's identity' and 'What about SARs made by third parties', 2026. https://digital.nhs.uk/data-and-information/information-governance/guidance/subject-access-requests/guidance-for-ig-professionals