There are more and more people infected with the SARS-CoV-2 coronavirus. We know almost everything about the first man who fell ill – not only how I feel and where he got the infection, but also where he comes from and what his relationship with his wife is like. Has privacy in the face of the epidemic ceased to exist?
- The first case of the coronavirus in Poland caused a stir. A 66-year-old man hospitalized in Zielona Góra came to Poland by bus from Germany
- A few hours after the positive SARS-CoV-2 test result was announced, we knew practically everything about the man
- Is it legal to disclose data about a patient’s health in the face of an epidemic? We asked the attorney Bartłomiej Achler
The health minister called for privacy
The COVID-19 coronavirus is spreading across Europe. When the largest coronavirus outbreak on our continent was diagnosed in Italy, it became clear that the disease would reach Poland. The first case of the coronavirus was announced by Minister of Health Łukasz Szumowski on Wednesday (4.03). At a press conference organized specifically to inform about the first patient infected with SARS-CoV-2, the minister called for the privacy of the first patient to be respected. He also gave some information – he confirmed that the first infected was a 66-year-old man hospitalized in Zielona Góra. The patient came from Germany.
See also: Coronavirus in Poland: sixteen confirmed cases, over 7 people under observation
What was the respect for privacy? After a few hours, the name of the sick man appeared on the Internet, as well as the first interviews and statements of people involved in the patient’s care. The media even managed to talk to the patient and his wife.
However, the real “bomb” exploded after the conference attended by Jadwiga Caban-Korbas, the head of the Sanitary Inspectorate in Słubice. The woman told about the patient “zero” in a rather unusual way. She mentioned the patient’s private situation, his relationship with his wife and children, and admitted that she was worried all the time whether this patient would survive.
Caban-Korbas’ speech started a discussion on the protection of the patient’s personal data and what can and cannot be revealed about the patient “zero”, but also about every other patient. We asked for a comment to attorney Bartłomiej Achler.
Patient’s personal details on the candlestick
– The Act on Patient Rights expressly states that the patient has the right to keep secret all information related to him, obtained in connection with the provision of health services. In certain situations, the secret does not apply – translate our expert.
What are the exceptions? The doctor can provide information about the patient’s health if:
- this is stipulated in separate acts;
- the patient or his legal representative consent to the disclosure of the secret;
- there is a need to provide the necessary information about the patient related to the provision of health services to other medical professionals participating in the provision of these services;
- the medical examination was carried out at the request of authorized persons, on the basis of separate acts, bodies and institutions; then the doctor is obliged to inform only those authorities and institutions about the patient’s health condition;
- there is a need to provide the necessary information about the patient to the forensic physician or the provincial commission for adjudication on medical events;
- keeping the confidentiality may endanger the life or health of the patient or other people.
— The latter case may occur in the current epidemiological situation. However, even if the regulations allow for the disclosure of information about the patient, it must be approached with caution and with great sensitivity. Unlawful disclosure of a professional secret may result in not only professional, but also criminal and civil liability. So it is definitely better to say less than one word too many, Achler explains.
The lawyer also reminds that the law protects our privacy. In the event of unlawful disclosure of information from the sphere of private life of the patient, not necessarily even related to his health, he or she is entitled to a claim for protection of personal rights.
– This also applies to public administration bodies. Therefore, I recommend their representatives to be very restrained in their statements about the health and private life of patients – adds the lawyer.
The first patient with confirmed SARS-CoV-2 coronavirus infection aroused considerable emotions, which resulted in the fact that we did not quite know how to behave. In the case of subsequent patients, the media message looks a bit different. At the conference held today (09.03/16), the Minister of Health informed that the number of people who were confirmed to be infected increased to XNUMX. He did not provide too much detailed information about the health of patients.
The most important information about the coronavirus:
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