The protection of privacy and confidentiality in the South African health care sector

Abstract

This research focuses on privacy and confidentiality in the South African Health Care Sector (SAHCS). Through the Constitution1 which brought about rights to its democratic state: constant educational developments, training, scrutiny, and understanding have been paramount to enforcing these rights in constitutional transformation. In saying so, the right to privacy and confidentiality is consistently evolving with technological advancement.2 This is indicated through recent developments as provided by the protection of privacy and confidentiality through the Protection of Personal Information Act3 (POPIA) and the Promotion of Access to Information Act4 (PAIA). This study chose to investigate how the rights of privacy and confidentiality are catered for in the SAHCS. Furthermore - through POPIA and PAIA - significant protocols were introduced which aid with the promotion, protection, and enforcement of the rights to privacy and confidentiality and these do not exempt any sector from its legislative compliance. Therefore, this brings about a specific question in relation to the SAHCS which this study aims to answer. The research question is: how can the current health care legal framework in South Africa be enhanced to ensure sufficient protection of health care users' rights to privacy and confidentiality? The study attempts to answer this question through a series of critical discussion, examination, comparison and analysis presented through a full literature review study of legislative and ethical frameworks, cultural influence, and analysis international standards.