Duty LXD-6866
Handles health records, in South Africa
National Health Act, confidentiality and protection of health recordssince 2 lines
National Health Act 61 of 2003, ss. 14-17 (confidentiality of user information and protection of health records) · Read the law's page
- Treat all information about a user of health services, including health status, treatment and stay in a health establishment, as confidential, and disclose it only with the user's written consent, where a court order or law requires it, or where non-disclosure is a serious threat to public health.
- If you are in charge of a health establishment that holds users' health records, set up control measures that prevent unauthorised access to the records and to the storage facility or system in which they are kept.
Protection of Personal Information Act, special personal information and childrensince 4 lines
POPIA, ss. 26-35 (special personal information and children) · Read the law's page
- Do not process special personal information, including a person's biometric information, health, race, or political persuasion, unless a listed ground under sections 27 to 33 applies.
- Do not process a child's personal information unless a competent person has given prior consent, another listed ground in section 35(1) applies, or the Information Regulator has authorised the processing as being in the public interest with appropriate safeguards.
- Where you rely on a special-category authorisation for a data subject's religious belief, trade union membership, or political persuasion, do not supply that information to a third party without the data subject's consent.
- Only process a data subject's biometric information or record of criminal behaviour where you are a body charged with applying criminal law or you obtained the information lawfully, and put appropriate safeguards in place before relying on any special personal information exception.