Confidentiality of Health Related Information

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The right to confidentiality of a person with mental illness about their mental health, mental healthcare and physical healthcare((Section 23(1), the Mental Healthcare Act, 2017 )) means that the mental health professional who is providing care/treatment must keep all such health related information private, and not reveal it without the person’s consent .

This also includes the release of information to the media, such as the release of photographs or any other information without consent((Section 24(1), the Mental Healthcare Act, 2017 )).

For instance, information is released by the relevant medical professional in the following cases((Section 23(2), the Mental Healthcare Act, 2017 )):

To the nominated representative to enable them to fulfil their duties
To other health professionals to enable them to provide care and treatment
If it is necessary to protect any person from harm or violence or threat to life
On an order by an authority, such as the Mental Health Review Board, High Court, Supreme Court, etc.
In the interests of public safety and security.

The right to confidentiality of the person with mental illness applies to all information stored in electronic or digital format.((Section 24(2), the Mental Healthcare Act, 2017 )).

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