TongaMental Health Act, confidentiality of patient records
In force since .
A sensitive categories rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Disclosure, Access restriction
- Audit expectation
- none
What it requires
- If you keep records for a mental health facility or a health care agency, do not disclose, directly or indirectly, information that identifies a person as a patient of, or as having received treatment from, the facility or agency and that relates to the nature or other details of admission or treatment, except to fulfil a requirement under the Act or other legislation (s. 92(4)).
- You may disclose such information with the person's prior consent (or the next of kin's consent if the person has died), as a court requires in criminal proceedings, for continuing care of a closely involved relative where disclosure is necessary to protect the person, for medical or social research the Minister is satisfied is necessary and not detrimental to the person, or where the Minister considers it in the public interest (s. 93).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
A person who contravenes section 92 is liable upon conviction to a fine not exceeding $500.
What record it asks for
Logging duty
Section 92(4) bars disclosure of records that identify a person as a mental health patient or relate to the nature or details of admission or treatment, and section 93 lists the cases where the bar does not apply. Neither section requires a log or record of access or disclosure, names an audit or names anyone who may demand a record.
- Kind
- None
- As of
What this law does
A mental health facility or health care agency may not disclose, directly or indirectly, information in its records that identifies a person as a patient of, or as having received treatment from, the facility or agency and that relates to the nature or other details of admission or treatment, except to fulfil a requirement under the Act or other legislation. A person who contravenes the prohibition is liable on conviction to a fine not exceeding $500.
Section 93 lifts the prohibition for disclosure made with the prior consent of the person, or of the next of kin if the person has died. The Act came into force on and binds the Crown.
When LexLint raises it
When your app profile says your app handles health records or processes personal data.
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Page updated .