Understanding the Protection of Personal Information (POPI) Act
Drickus Maartens • October 1, 2019
While the Protection of Personal Information (POPI) Act doesn't replace the HPCSA’s existing guidelines on safeguarding confidential patient data, POPI does affect all private and public organisations that process information such as names, addresses, email addresses, health information and employment history.
Some of the obligations placed on the medical practice under POPI are:
- To only collect information for a specific purpose
- To apply reasonable security measures to protect the information collected
- To ensure all information collected is relevant and up to date
- To only hold as much information as is required, and only for as long as it is needed
- To allow the subject of information to see it upon request.
Consent
Consent under POPI has to be specific, voluntary and informed. The burden of proof to show that consent was given falls on the practice, so it is advisable to keep some sort of record of consent given by a patient.
Preserving the information
All medical practices are expected, by law, to implement reasonable technical and organizational measure to ensure the information is protected from loss, damage, unauthorized destruction and unlawful access thereto.
An example of a foreseeable risk would be an employee within a medical practice accessing private and personal information without being made aware that the information is to be kept strictly confidential at all times.
Dealing with an information leak
In the event of information being leaked, the practice will need to notify both the patient and the Information Regulator that the information has been accessed, in writing. The patient also needs to be advised about protective steps which could be taken.
When notifying the patient ensure that the following information is given:
- The possible consequences of the disclosure
- A description of the measures which will be taken to rectify the leak of information
- The identity of the individual who had unauthorised access to the information must be disclosed.
Failure to comply with POPI
Failure to comply with POPI can lead to a complaint being lodged against a healthcare practitioner with the Information Regulator, or receiving a civil claim for payment of damages. One of the very serious implications can even be criminal prosecution which, if convicted, could result in a fine of up to R10 million, a prison sentence of up to 10 years, or even both.
It is therefore extremely important for all people, companies and organisations handling health related information to assess their practice policies for handling health related and personal information.
Information supplied by Van Rhyns Attorneys
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