THE Department of Justice is backing the call of the Integrated Bar of the Philippines (IBP) along with two medical associations to lift the confidentiality of medical data involving Covid-19 patients in order to hasten contact tracing efforts by the Department of Health.
Justice Secretary Menardo Guevarra told reporters that there is “ethical and legal” basis to support calls made by the IBP, Philippine Medical Association (PMA) and the Philippine College of Surgeons (PCS) for Covid-19 patients and persons under investigation (PUI) to voluntarily waive the confidentiality of their medical condition and candidly inform those they have been in close contact with.
“I strongly support the call of the IBP upon Covid-19 positive individuals and PUIs for the waiver of confidentiality of their medical condition. This will enable other people they have been in close contact with to take the necessary precautions or remedial measures to protect themselves, without having to further burden the Department of Health (DOH) with the tedious task of contact-tracing,” Guevarra explaned.
“Both the PMA and the Data Privacy Commission provide the ethical and legal basis for this action in times of public health emergency, and the DOJ affirms its validity,” said Guevarra.
In their joint statement the IBP, PMA and PCS, pointed out that the confidentiality of patient’s medical data and details is not absolute and their non cooperation in times of public health emergencies is illegal under Section 9, paragraphs D and E of Republic Act 11333 (Surveillance and Response to Notifiable Diseases, Epidemics, and Health Evens of Public Health Concern).
Meanwhile, Article III, Section 3 of the Code of Ethics of the Medical Profession provides that “the physician shall hold as private and highly confidential whatever may be discovered or learned pertinent to the patient…except when required by law, ordinance or administrative order in the promotion of justice, safety and public health.”
Even the Health Privacy Code specifying Joint Administrative Order No. 2016-0002, Privacy Guidelines for the Implementation of the Philippine Health Information Exchange in Rule III (Use of Disclosure of Health Information) provides, “in case of emergency, where time is of the essence, disclosure may be made without court order; confidentiality can be lifted” when required by public safety, and when the patient waives this right.
“We earnestly request: That Covid-19 patients or PUIs voluntarily waive the confidentiality of their medical condition and forthrightly inform those they have been in close contact with; That the government, particularly the DOH, prudently uses and promptly share medical information to enable all concerned authorities, institutions and persons to effectively take precautionary and remedial measures,” the three groups said earlier.
They cited the rising number of of Covid-19 patients seeking treatment or admission in clinics/hospitals, some of whom do not divulge their true condition and thus risk infecting the health institutions and the health workers.
They added it would also be fair to those who may have had contact with a Covid-19 positive patient or a PUI that they be informed so they could take precautions.
Image credits: Nonie Reyes