Confidentiality of Health Related Information

The right to confidentiality of a person with mental illness about their mental health, mental healthcare and physical healthcare¹ 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 consent².

For instance, information is released by the relevant medical professional in the following cases³:

• 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.⁴.

1. Section 23(1), the Mental Healthcare Act, 2017. [↩]
2. Section 24(1), the Mental Healthcare Act, 2017. [↩]
3. Section 23(2),  the Mental Healthcare Act, 2017. [↩]
4. Section 24(2),  the Mental Healthcare Act, 2017. [↩]