Who we are
Our website address is: https://meddkeeper.com.
Consent and Disclosure
Information about a person’s health and health care is generally considered to be highly sensitive and personal. Therefore, your information is only provided to registered medical personal (Our partners) who have agreed to our Partner Terms & Conditions that prevents disclosure of your information to any third party.
We support the law that includes right to privacy and prevents public disclosure of private facts. We understand that invasion of privacy is a tort / delict based in common law, allowing an aggrieved party to bring a lawsuit against our Partners who unlawfully intrudes into private affairs, discloses private information, publicises in a false light, or appropriates a name for personal gain.
We promote the undertaking not to divulge confidential information; it includes a responsibility to make sure that all records containing patient information is kept securely on our server.
Statutory and other protection
We will require a Person (member) to give us consent to disclose their information with our registered partners in order for them to access personal medical information in an emergency situation.
The National Health Act of 2003 makes it an offence to disclose patients’ information without their consent, except in certain circumstances.
When is disclosure permitted?
Generally, disclosure of confidential clinical information to someone other than the patient will be an actionable breach of confidence. There are, however, three circumstances when clinicians can release confidential clinical information without the consent of a patient:
Disclosure is ordered by a court.
Disclosure is required by law.
Disclosure is in the public interest.
Civil and criminal courts have powers to make orders requiring a doctor or holder of health records to disclose confidential information for the purposes of litigation. Usually, such orders are made following a third party having requested the information and the court having determined that there is an overriding public interest in the disclosure.
The Road Accident Fund Act, for example, requires a victim of a motor vehicle to disclose certain medical information to the Road Accident Fund (“the Fund”), to successfully lodge a claim with the Fund. Failure to provide such information, allows the Fund to object to the validity of the claim.
A public interest in disclosure
As the duty of confidentiality is not absolute, there may be circumstances where the public interest in maintaining confidentiality is outweighed by the public interest in disclosing specific information. Such circumstances may include where disclosure is necessary to avert a real risk of a danger of death or serious harm to others or for the prevention or detection of serious crime. Even then such disclosure is permissible only if made to someone with a proper interest in receiving the information.