Section 13: Confidentiality of information

13. Confidentiality of information (1) The Permanent Secretary shall, in consultation with such professional organisations as he may deem necessary, issue guidelines on the confidentiality of information relating to recording, collection, storing and security of information, records or forms used in respect of HIV tests and related medical assessments. (2) No person shall collect, record, transmit or store information in respect of HIV tests or related medical assessments of another person except in compliance with the guidelines issued under subsection (1). H6 – 5 [Issue 1] (3) Subject to subsection (4), a person shall not, in any record or form used in relation to— (a) a request for an HIV test by a person in respect of himself; (b) an instruction by a medical practitioner to a laboratory for an HIV test to be conducted; (c) an HIV test; or (d) the notification to the medical practitioner of the result of an HIV test, include any information which either directly or indirectly identifies the person to whom an HIV test relates, except in accordance with the guidelines issued under subsection (1). (4) No person shall disclose any information concerning the result of an HIV test or related medical assessments to any other person except— (a) with the written consent of that person, or his legal administrator or legal guardian, as applicable; (b) to a medical practitioner, nursing officer, paramedical staff who is directly involved in the treatment or counselling of that person, where the HIV or AIDS status is clinically relevant; (c) for the purpose of an epidemiological study or research approved by the Permanent Secretary; (d) upon an order of a Court where the information contained in the medical file is directly relevant to the proceedings before the Court. (5) Nothing in this section shall be construed as preventing the release of statistical or such other information that cannot reasonably be expected to lead to the identification of the person to whom it relates.