Heated debate on the privacy of medical records

Herald Correspondent in Johannesburg

UNDER no circumstances should a patient‘s medical records be disclosed unless he or she gives personal consent, a seminar hosted by the SA Human Rights Commission (SAHRC) was told yesterday.

A panel was discussing the implications of reports published by the Sunday Times about Health Minister Manto Tshabalala-Msimang.

SA Medical Association chairman Dr Kgosi Letlape said medical records should not be disclosed without personal consent.

“Everyone has a right to be protected by the law against such conduct,” he said in Parktown at the SAHRC‘s “Freedom of expression v privacy” seminar.

Public interest for medical practitioners meant the health of the public and protecting the innocent from infection.

But, he said, there was an exception to this law when it came to HIV/Aids.

“We are not allowed to disclose the HIV status to the next person, even if he is the partner and his life is in danger. This is because of the stigma and discrimination associated with the disease,” he said.

The heated debate came to an end with most of the panel discussion members echoing Letlape‘s view.

SABC news chief Snuki Zikalala said the SABC would never have published such a story because it only published stories which would develop the nation.

Zikalala said there was a serious problem with South African media because when journalists attacked government they became popular.

He said editors had become sensationalists and liars.

Press ombudsman Joe Thloloe said it was unfair to discuss the issue because the Sunday Times had not had a chance to defend itself against the allegations.

Jane Duncan, of the Freedom of Expression Institute, said if one behaved badly as a public figure and there was confidential information that the public had an overwhelming interest in, she thought it should be disclosed.

Media law expert Justine White said: “If somebody were to publish a story calling me a thief and a drunk, I would‘ve consulted a lawyer, the same for defamation. The fact that this has not happened speaks volumes.” – Sapa