Kenya Legal and Ethical Network on HIV and AIDS (KELIN) & Others v. Cabinet Secretary-Ministry of Health & Others

Country: Kenya
Year: 2016
Court: High Court of Kenya at Nairobi, Constitutional and Human Rights Division
Citation: Petition No. 250 of 2015 (2016)
Health Topics: Child and adolescent health, Health care and health services, Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to privacy
Facts:

President Kenyatta issued a directive to national government entities to prepare a report collecting data on all school-going children who were living with HIV and AIDS. Further the directive also mandated data on the guardians of such children, expectant mothers living with HIV and breastfeeding mothers who are HIV positive. The data was to be …Read more

Tags: AIDS, Awareness, Children, Confidentiality, Disclosure, Electronic health information, Electronic health records, Health data, Health records, HIV, HIV positive, HIV status, Medical records, Minor, Most-at-risk, Non-disclosure, People living with HIV/AIDS, PLHIV, Transmission
Download Judgment: English

Beverly T. Peters v. St. Joseph Services Corporation d/b/a St. Joseph Health System, et al.

Country: United States
Year: 2015
Court: United States District Court Southern District of Texas Houston Division
Citation: Civil Action No. 4:14-CV-2872
Health Topics: Health information, Hospitals
Human Rights: Right to privacy
Facts:

Peters, the plaintiff, brought a class action against St. Joseph Services Corporation for damages after a data breach of St. Joseph’s computer network. While purchasing health care services, Peters had provided her personally identifiable and protected health information to St. Joseph, including her name, social security number, birthdate, address, medical records, and bank information. In …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health facilities, Health records, Medical records, Notification
Download Judgment: English

Hopkins v. Kay

Country: Canada
Year: 2015
Court: Ontario Court of Appeal
Citation: [2015] O.J. No. 751
Health Topics: Health information, Hospitals
Human Rights: Right to privacy
Facts:

A class of approximately 280 individuals whose medical records were improperly accessed by hospital staff filed suit against the hospital employees. The class alleged that the breaches the staff caused and the hospital’s failure to monitor and implement policies to protect the information led to a breach under the common law tort of intrusion upon …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health data, Health records, Medical records, Public hospitals
Download Judgment: English

I v. Finland

Country: Finland
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 20511/03
Health Topics: Health information
Human Rights: Right to privacy
Facts:

The applicant was a nurse from 1989 to 1994 at the same public hospital where she sought treatment after being diagnosed as HIV-positive in 1987. All hospital staff had access to the patient register, which contained information on patients’ diagnoses. In 1992, the applicant became suspicious that her colleagues became aware of her diagnosis through …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health data, Health records, Medical records
Download Judgment: English

Guðmundsdóttir v. The State of Iceland

Country: Iceland
Year: 2003
Court: Icelandic Supreme Court
Citation: No. 151/2003
Health Topics: Health care and health services, Health information, Health systems and financing
Human Rights: Right to privacy
Facts:

The appellant, Guðmundsdóttir, wrote a letter to the Medical Director of Health, the respondent, requesting that health information in medical records of her deceased father should not be transferred to the Health Sector Database and asserted her right to do so. In particular, she did not want her father’s genealogical or genetic information to be …Read more

Tags: Confidentiality, Electronic health information, Electronic health records, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health records, Health regulation, Health spending, Medical records, Notification, Secrecy
Download Judgment: English
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