Policy interpretation: Doctor-patient privilege
I want to know if the doctor-patient privilege is applicable under the RTI Act 2005. Can someone please guide me on the relevant sections and case laws?
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3 answersThe doctor-patient privilege is not explicitly mentioned in the RTI Act 2005, but it is a well-established principle in medical ethics. You can cite the Bhagat Singh v CIC 2007 case, which deals with the disclosure of personal information.
The §8(1)(j) of the RTI Act 2005 exempts the disclosure of personal information, which includes medical records. However, this exemption is not absolute, and the public interest test can be applied, as per the Jayantilal Mistry 2015 case.
The doctor-patient privilege is applicable under the RTI Act 2005, and the PIO can refuse to disclose medical records, citing §8(1)(j) of the RTI Act 2005.
New replies
The §8(1)(j) of the RTI Act 2005 exempts the disclosure of personal information, which includes medical records. However, this exemption is not absolute, and the public interest test can be applied, as per the Jayantilal Mistry 2015 case.
The doctor-patient privilege is applicable under the RTI Act 2005, and the PIO can refuse to disclose medical records, citing §8(1)(j) of the RTI Act 2005.
The doctor-patient privilege is not explicitly mentioned in the RTI Act 2005, but it is a well-established principle in medical ethics. You can cite the Bhagat Singh v CIC 2007 case, which deals with the disclosure of personal information.
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