Social Media Ethics and Patient Privacy Breaches Essay

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Introduction

Today, social media is a crucial part of daily life for most people. It enables us to communicate with friends and family, share important moments of our lives, and exchange information with others. However, the use of social media by people of certain professions creates concerns related to privacy and confidentiality. The National Council of State Boards of Nursing (NCSBN, 2018) explains how social media may lead to breaches of patient privacy and offers guidelines on how to avoid this dangerous consequence and use social media responsibly. The present paper will seek to reflect on the guidelines as well as on other sources on the subject while also analyzing a recent patient privacy breach that occurred in Texas.

NCSBN Guidelines

The guidelines provide essential insights into the topic of social media and its relation to the nursing profession. First of all, the document also stresses the legal repercussions of using social media irresponsibly. Indeed, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) established rules for protecting patient information, and thus failing to do so can result in legal action against the nurses or their organization (HIPAA Journal, 2018a). The information protected under HIPAA includes any information disclosed by patients in their communication with healthcare providers, as well as images and videos of patients, their name, address, age, and other identifying information (NCSBN, 2018).

Secondly, the guidelines go beyond legal issues to explain the problem in ethical terms. It is true that patients trust their care providers and expect any information they share to remain confidential (NCSBN, 2012). Part of nurses’ ethical duty is to maintain patient privacy and confidentiality, and thus by posting protected patient information on social media, nurses act unethically and may lose patients’ trust (NCSBN, 2018). Because ethics is an important subject in nursing, stressing the ethical side of the problem is essential to show its scope and consequences.

Finally, the guidelines provide information on how to avoid patient privacy breaches while using social media. NCSBN (2018) states that nurses must refrain from publishing images and videos of patients, as well as any other patient information while using social media. Nurses must also avoid referring to patients in a disparaging manner, even when no identifying patient information is given (NCSBN, 2018). The video published by NCSBN (2012) also highlights that these rules apply to both public and private social media communication. Practicing in compliance with these guidelines can assist nurses in preventing professional and ethical consequences, thus supporting trustful relationships with patients.

Analysis of the Breach

One case when the guidelines on responsible social media use were not followed occurred in Texas recently. According to HIPAA Journal (2018b), the pediatric ICU/IR nurse was caring for a patient who was suspected of having measles. This disease is preventable by vaccination, and the nurse decided to share her experience in a closed anti-vaxxer group on Facebook (HIPAA Journal, 2018b). The nurse did not share patient images, videos, names, or any other identifying information. However, her job and organization were visible on her Facebook profile, and this could allow identifying the patient (HIPAA Journal, 2018b). The nurse was suspended and later fired due to an evident HIPAA Privacy Rule Violation (HIPAA Journal, 2018b).

In the post and comments, the nurse shared her experience and feelings in relation to treating a patient with measles. The nurse was an anti-vaxxer herself, and therefore, it is understandable that the case was difficult for her. As noted by NCSBN (2018), sharing feelings and seeking support are among the key purposes of using social media. Nevertheless, when taking into account NCSBN (2018) guidelines, it is evident that the nurse violated patient privacy and confidentiality. While she did not disclose any identifying information, she discussed the diagnosis, treatment, and the patient’s condition. These items constitute protected health information under the HIPAA, and thus, the act of disclosing them is considered a breach of privacy and confidentiality. The consequences faced by the nurse did not include legal action, but the patient’s parents could have charged both her and the hospital with privacy violations.

Lessons for Nurses

The case illustrates the importance of maintaining patient privacy and confidentiality while using social media. The nursing profession is stressful and full of cases that cause strong emotions, but nurses should always recognize that their ethical duty to their patients comes first. The analysis also shows that nurses have to be extremely careful on social media because protected information extends beyond details such as the patient’s name, address, or age. The guidelines composed by NCSBN (2018) offer an excellent framework for nurses to use social media responsibly because they prohibit the sharing of all patient information online, including the diagnosis, treatment, and other non-identifying details.

Conclusion

Overall, social media is a highly complicated environment for nurses. On the one hand, nurses might feel the need to seek support and share their experiences online when faced with particularly tough cases. On the other hand, sharing protected patient information online constitutes a breach of patient privacy and confidentiality and may lead to legal and professional consequences. The analysis of NCSBN (2018) guidelines on the responsible use of social media shows that nurses should remember their ethical duty to maintain patient privacy and confidentiality and avoid sharing any information about patients online. Ensuring compliance with these guidelines will assist in establishing and maintaining trust between patients and care providers, thus leading to improved quality of care.

References

HIPAA Journal. (2018a). HIPAA social media rules. Web.

HIPAA Journal. (2018b). Texas nurse fired for social media HIPAA violation. Web.

National Council of State Boards of Nursing. (NCSBN) (2018). A nurse’s guide to the use of social media. Web.

National Council of State Boards of Nursing. (NCSBN) (2012). Social media guidelines for nurses [Video file]. Web.

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IvyPanda. 2021. "Social Media Ethics and Patient Privacy Breaches." September 8, 2021. https://ivypanda.com/essays/social-media-ethics-and-patient-privacy-breaches/.

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