BrazilLaw 14,289/2022, confidentiality of the condition of people living with HIV, chronic hepatitis, leprosy or tuberculosis
Lei nº 14.289, de 3 de janeiro de 2022, arts. 2º, 3º and 6º
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Consent
What it requires
- Do not disclose information that identifies a person as living with HIV or chronic hepatitis B or C, or as a person with leprosy or tuberculosis, in a health service, school, workplace, public administration, public security body, court proceeding or written or audiovisual media.
- Break professional secrecy over that condition only where a law requires it, for just cause, or with the person's express authorization (the legal guardian's, for a child) given by a signed informed-consent form, subject to article 11 of the LGPD.
- Protect the information on those persons held in a public or private health service or a private health-plan operation, and keep it confidential where it could identify the condition.
- Organize care in a health service so that the general public cannot identify the condition.
These lines are LexLint's reading of the law's text.
What this law does
Article 2 bars public and private agents from disclosing information that identifies a person as living with HIV or chronic hepatitis B or C, or as a person with leprosy or tuberculosis, in health services, schools, workplaces, public administration, public security, court proceedings and written and audiovisual media.
Professional secrecy over that condition may be broken only where a law so determines, for just cause, or with the express authorization of the person or, for a child, of the legal guardian by a signed informed-consent form, subject to article 11 of the LGPD. Article 3 obliges public and private health services and private health-plan operators to protect the information on those persons and to secure the confidentiality of any information that could identify the condition.
Health-service care must be organized so that the general public cannot identify the condition. Article 6 subjects a public or private violator to the sanctions of article 52 of the LGPD and obliges the violator to compensate the victim for material and moral damages. The Law took effect on the day of its publication.
When LexLint raises it
When your app profile says your app handles health records or processes personal data.
Back to the example · Lint your app
Page updated .