A 15-year prison sentence for sharing health records
A 15-year prison sentence for sharing health records
A 15-year prison sentence for sharing health records
For anyone who abuses a person’s medical records, Kikuyu Member of Parliament Kimani Ichung’wah has recommended a Ksh500,000 punishment and 15 years in prison. Kimani advocates for the creation of the Comprehensive Integrated Health Information System, which will keep medical records for at least 20 years and possibly longer, in a new measure introduced in parliament called the Digital Health measure 2023.
The system will serve as a hub for the gathering, assembling, analysis, reporting, storage, use, sharing, retrieval, or archiving of information about people’s physical or mental health. Kimani went on to say that the Health Cabinet Secretary will be responsible for overseeing the data’s protection and approving any access to it.
However, anyone who tampers with the data commits an infraction if they misuse a privilege, reveal unauthorized access to the data, lose, or steal data.Additionally, it is illegal and punishable by a fine, incarceration, or both if someone mistakenly reveals sensitive personal information with an unauthorized party.
According to Ichung’wah, “The bill seeks to establish a framework for the delivery of digital services; to create a thorough integrated digital health information system; data governance and protection of personal health information; service delivery through digital health interventions; e-waste disposal; and health tourism.”The bill specifies that the CS will also be in responsible of coordinating the destruction of the data and other e-waste.Unless the data subject is receiving emergency treatment and the disclosure has been authorized by a signed court order, among other conditions, no data stored in the system may be given to a third party.To secure sensitive personal data, the CS is instructed to implement security measures in the system.
A portion of the legislation states that “the CS shall establish a national health data bank and designate county health data banks, store the health data submitted to the system in the national health data bank, and establish seamless integration and interoperability of the national health data bank with other relevant data.”The Digital Health Agency, which operationalizes and maintains the system, is also to be established in accordance with the bill.Its other responsibilities include, among others, advising the CS on issues relating to digital health, ensuring data portability, and certifying digital health solutions in accordance with best practices and standards.
