Section 13
Confidentiality of information
of Private Hospitals and Medical Clinics Act 1980
(1)
Except in the case of a prosecution for an offence under this Act or any regulations made under this Act, the Director and an authorised officer are not compellable in any proceedings to give evidence in respect of, or to produce any document containing, any information which has been obtained from any private hospital, medical clinic, clinical laboratory or healthcare establishment in the course of carrying out any investigation or performing any duty or function under this Act.
(2)
The Director and an authorised officer must not disclose any information which is contained in the medical record, or which relates to the condition, treatment or diagnosis, of any person, as may have come to his or her knowledge in the course of carrying out any investigation or performing any duty or function under this Act unless the disclosure is made —
under or for the purpose of administering and enforcing —
this Act;
the Infectious Diseases Act 1976;
the Termination of Pregnancy Act 1974; (iv)the Human Organ Transplant Act 1987;
the Health Products Act 2007; or
the Medicines Act 1975;
for the purpose of making a complaint or providing information under Part 5 of the Dental Registration Act 1999, Part 7 of the Medical Registration Act 1997 or Part 6 of the Pharmacists Registration Act 2007; or
for any other purpose with the consent of the person to whom the information relates or the representative of such person.
(3)
In subsection (2)(c), “representative” —
in relation to a deceased person, means the deceased person’s executor, administrator or next‑of‑kin;
in relation to an infant, means one of the infant’s parents or the infant’s guardian; and
in relation to a person who lacks capacity within the meaning of the Mental Capacity Act 2008, means —
a donee of a lasting power of attorney which is granted by that person under the Mental Capacity Act 2008, and under which that person confers on the donee authority to consent on that person’s behalf to such disclosure; or
a deputy who is appointed or deemed to be appointed for that person by the court under the Mental Capacity Act 2008, and who is conferred power to consent on that person’s behalf to such disclosure.