I recently reviewed the latest Nigeria Data Protection Act 2023, and it appears to be largely a compilation of assurances about privacy protection, seemingly designed to inspire confidence without providing concrete, actionable measures. information management.
However, I kept searching for more details on how it addresses the critical issue of safeguarding health information in today’s data-driven world, where patient data is one of the most sensitive and valuable assets in healthcare delivery.
Protecting this information is not just a legal obligation but also a moral duty that fosters trust and strengthens the patient-provider relationship.
As a health information strategist, I am deeply concerned about the need for stricter measures to ensure the structured use of patient data.
The introduction of the Nigeria Data Protection Act (NDPA) in 2023 is a significant step toward addressing these concerns.
However, more awareness is needed among patients about their rights and how their information is used.
This guide is intended to provide an in-depth understanding of:
The primary and secondary purposes of using or disclosing health information.
Legal and ethical responsibilities tied to patient privacy.
Real-life examples and case studies to clarify these concepts.
Key Principles of Information Use and Disclosure
Primary Purpose:
Patient data should only be used for the original reason it was collected, such as diagnosing or treating a medical condition.
Secondary Purpose:
Data can only be used for purposes outside the primary reason if: The patient provides explicit consent, or the use aligns with legal requirements or is directly related to the primary purpose.
Patient Consent:
Patients must consent to uses of their data that go beyond their reasonable expectations.
Legal Obligations:
Laws like the NDPA mandate disclosure in specific situations, such as: Reporting communicable diseases to public health authorities, Complying with court orders or subpoenas.
Understanding Primary vs. Secondary Purpose
Primary Purpose:
This refers to the main reason for collecting health information, such as diagnosing or managing a patient’s health condition.
Secondary Purpose:
This involves any other use of the data, such as research, quality improvement, or audits. Secondary uses require:
Consent: Clear and informed approval from the patient, or
Reasonable Expectation: A direct relationship to patient care that the patient would reasonably anticipate.
Example: A patient undergoing surgery expects their medical history to be shared among the surgical team.
However, using the same information for a research study would require explicit consent.
Legal and Ethical Considerations
Disclosure Without Consent: certain situations justify disclosure without consent, including.
Preventing Serious Harm: When there is an immediate threat to life or public safety.
Legal Compliance: Responding to court orders or subpoenas.
Mandatory Reporting: For cases like child abuse or infectious disease outbreaks.
Case Study: A healthcare provider disclosed a patient’s medical history to a third party without a valid legal basis, resulting in a lawsuit.
The court ruled the disclosure violated the patient’s privacy rights under the NDPA, highlighting the importance of understanding the law before sharing sensitive data.
Direct Marketing:
Healthcare providers must obtain explicit consent before using patient information for promotional purposes, as stipulated by the NDPA.
Overseas Disclosure:
When sharing information with entities outside Nigeria, providers must ensure the recipient adheres to privacy standards equivalent to those in the NDPA.
Examples of Responsible Information Disclosure
Referral to Specialists:
A patient referred to a cardiologist by their GP expects their medical history to be shared to ensure continuity of care.
Quality Assurance Audits:
Health information can be used to assess and improve healthcare delivery, provided the data is anonymized or the patient consents.
Emergency Situations:
In life-threatening emergencies, such as an unconscious patient in the ER, healthcare providers can access the patient’s records without prior consent to save their life
Importance of the Nigeria Data Protection Act (NDPA)
The Nigeria Data Protection Act, 2023, serves as a framework to ensure the ethical and legal handling of personal data, including health information. It emphasizes the following:
Transparency: Patients have the right to know how their data is collected, stored, and used.
Accountability: Healthcare providers are held accountable for any misuse or unauthorized disclosure of information.
Safeguards: Stringent measures must be in place to prevent data breaches and unauthorized access.
I want to stress that the responsible handling of health information is a cornerstone of modern healthcare.
Healthcare providers must prioritize transparency, consent, and compliance with laws like the NDPA to protect patient privacy and maintain trust.
Patients, too, should be educated about their rights to ensure they can make informed decisions about their data.