Wewe mwenyewe umesaidia nini?
Kuwaelimisha Lab technicians and other health professional kutovunja sheria na ethics na pia huyo lab technician kuepeuka kufukuzwa kazi na kufungwa jela. Ni kinyume na ethics na sheria kwa health professional to share with third parties confidential information of his/her patients. Kama hutaki kuelimishwa, others will find this useful information na pia kulinda ajira zao. So, let me break it down for them.
First, the Constitution guarantees every person the right to privacy to his/her person. So, the right to privacy is a constitutional right.
Second, the HIV and AIDS (Prevention and Control) Act 2008 states in section 16(1) that "The results of an HIV test shall be confidential and shall be released only to the person tested."
Section 17(1) states that "All health practitioners, workers, employers, recruitment agencies, insurance companies, data recorders, sign language interpreters, legal guardians and other custodians of any medical records, files, data or tests results shall observe confidentiality in the handling of all medical information and documents, particularly the identity and status of persons living with HIV and AIDS."
Section 18 states that medical confidentiality may only be breached in order to:
(a) comply with reportorial requirements in conjunction with monitoring and evaluations programmes;
(b) to inform other health practitioners directly involved or about to be involved in the treatment or care of a person living with HIV or AIDS;
(c) to respond to a court order over legal proceedings where the main issue is HIV status of an individual; or
(d) to give information to the appointed member of the deceased's family.
Section 46 states that "Any practitioner or any person referred to under sections 16 and 17 above who (a) breaches medical confidentiality; or (b) unlawful discloses information regarding HIV and AIDS status of any person, commits an offence and on conviction, shall be liable for a fine not less than five hundred thousand shillings and not exceeding one million shillings or to imprisonment for a term not less than six months and not exceeding twelve months or both.