Can the hospital refuse the provision of the medical records to a patient's father?
15 May, 2021Ref: Complete medical records of a deceased patient was denied to the advocate claiming it was personal information - Information was provided to the father of the deceased when he filed the RTI application - CIC: Complaint disposed
http://www.rtifoundationofindia.com/complete-medical-records-deceased-patient-was-deni
Comment:
Team,
I had a doubt - Can the government hospital refuse the provision of the medical records to a patient's father after patient's death? Can Information Technology Act 2000, Data Privacy Rules for sensitive information or any other law give the hospital right to refuse to provide this information?
Thanks
Name: Viruchika Pahuja
Email id: Ginni.pahuja@gmail.com
If an application is filed under the RTI Act, the refusal to provide the information has to be as per the provisions of the same Act, not any other law such as the Information Technology Act, 2000. The section 8 and 9 provide for various situations under which the information can be rejected under which personal information is held as exempt from disclosure.
Section 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. reads, “Act to have overriding effect - The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Hope that clarifies.
EDITOR