Privacy of Personal Health Information as a Patients’ Right in Sri Lanka

Abstract

Health information privacy refers to the right of a patient to expect that their personal health information remains private and shared with others to the extent in order to provide proper health care. Personal health information, whether written, oral or electronic in its form needs to be accessed by large number of parties such as doctors, nurses, administrative staff of a hospital pharmacists and even third parties such as insurance companies. Unauthorised access as well as authorised persons misusing such information has become a major issue in relation to the privacy of personal health information. This research addresses the problem whether the legal system of Sri Lanka has adequately responded to the challenge of protecting health information privacy as a patient right in Sri Lanka. Data collection was done through a comprehensive survey of available literature on the subject. For comparative purposes, legal developments in India were taken into account. It was found out that Sri Lanka has no proper legal mechanism to protect privacy of persona health information and it is recommended that a proper legal framework be introduced based on the legal developments that have been taken place at the international level and in other domestic jurisdictions.