Health Information Privacy and Right to Information A case study of India and Sri Lanka

Abstract

Privacy is a concept which is felt on a personal basis and accordingly it is difficult to define. Health information privacy is concerned with control, access and sharing of personal health information. Inherently personal health information possesses special degree of protection which originates through the traditional fiduciary relationship between the Doctor and patient. This paper is based on the findings of a research conducted on analysing the extent to which the right to privacy of personal health Information can be upheld while balancing it with the right to access for information. The study is designed as a case study of India and Sri Lanka and data collection done through a survey of literature. After an analysis of the legal framework of the two jurisdictions it was found out that an individual cannot exercise complete control over all personal information they have to allow access to such information to certain parties depending on certain circumstances. Doctors, nurses and other health care service staff personnel need to access such information for treatment purposes. Further, such information needs to be accessed for public purposes such as health research, statistical purposes, prevention of contagious diseases and epidemics. Accordingly an absolute right to privacy of over such information cannot be entertained as it violates another person’s right to access to such information especially in order to uphold the benefit of the public.