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Carl A. T. Antonio, MD, MPHcand Ivy D. Patdu, MD, JD Alvin B. Marcelo, MD, FPCS
Office of the City Health Officer National Telehealth Center National Telehealth Center
City Government of Pasay University of the Philippines Manila University of the Philippines Manila
Pasay City, Philippines Manila, Philippines Manila, Philippines
Abstract—CONTEXT: Evolution of the scope and context of family members—and the care with which the physical
privacy and confidentiality brought about by use of information repositories of such information are secured.
and communications technology in healthcare. OBJECTIVE: To
review the legal, professional and ethical landscape of health However, a person entering a health provider-patient
information privacy in the Philippines. METHODOLOGY: relationship as the recipient of care is observed to willingly and
Systematic review of literature and policy frameworks. automatically shed that veil of protection, and allow a health
RESULTS: Philippine laws jurisprudence recognize and protect worker, who may be a complete stranger, access to the most
privacy of health information as a general rule; impose upon intimate details, the very private thoughts, the core of his being,
individual practitioners and institutions the obligation to uphold on the premise that this disclosure of relevant, though sensitive,
such right; and may apply in both the traditional and eHealth personal information by the patient will help the health
milieu. There is no existing policy framework that addresses professional arrive at a logical and sound diagnosis and
issues relating to [a] access to health information by non-health management plan.
professionals, [b] use of health information for non-health
purposes, and [c] rules relating to collection, storage and Implicit in this interaction is the expectation that the
utilization of electronically-derived or -stored information. A patient’s information will be held by the practitioner in strict
privacy culture, on either the provider’s or client’s side, is also and full confidence, and will not be unnecessarily shared with
lacking in the country. CONCLUSION: Technological other parties, a reflection of the trust in the ethics of the
developments have outpaced policy and practice. There is a need profession. As Hippocrates was supposed to have said, All that
to unify the patchwork of regulations governing the privacy of may come to my knowledge in the exercise of my profession or
health information; advocate for a privacy culture among in daily commerce with men, which ought not to be spread
professionals and patients alike; fortify the evidence base on abroad, I will keep secret and will never reveal.1
patient and provider perceptions of privacy; and develop and
improve standards and systems to promote health information Yet, over the intervening millennia, healthcare practice has
privacy at the individual and institutional levels. become more complex, challenging conventional
interpretations of this Hippocratic admonition.
Keywords-privacy, confidentiality, health information,
Philippines Now more than ever, health professionals possess a certain
sense of compulsion to document every detail of a patient
I. INTRODUCTION consultation. Without doubt this has been brought about by the
intricacy of insurance reimbursement claims processes, but a
Privacy of personal information is a closely-guarded
second factor is the rising amount of malpractice litigation
individual right, such that any unauthorized access or breach is
being lodged against health workers. Pre-service training
considered a violation of this entitlement from both legal and
ingrains in the mind of future professionals this maxim: That
moral perspectives. The value of protecting privacy is
which is not written was not done.
evidenced by the restrictions put in place regarding the people
the information may be shared with—often, only immediate
This paper is part of a series of monographs produced by the Foundation This work is licensed under a Creative Commons Attribution-NoDerivs
for Media Alternatives under the “Privacy in the Developing World” project 3.0 Unported License. To view a copy of this license, visit
in cooperation with Privacy Asia (Privasia) and Privacy International, with http://creativecommons.org/licenses/by-nd/3.0/.
generous support from the Canadian International Development Research
Centre (IDRC)
*
In addition to published literature, this paper also benefited from inputs of a
diverse number of individuals (lay persons, health professionals, healthcare
organization) who participated in various meetings/for a where an earlier draft
version of this paper was presented. In particular, this is with reference to the
[i] 103rd Philippine Dental Association Annual Convention Scientific
Session; 2011 November 16-20; SMX Convention Center, Pasay City,
Philippines; [ii] Philippine Privacy Rights Training and Validation Workshop;
2012 March 18-19; La Breza Hotel, Quezon City, Philippines; [iii] 1st Health
Figure 1. A model for privacy, confidentiality, and security within the
Data Privacy Forum; 2012 March 22; Richmonde Hotel, Pasig City,
context of health information.4
Philippines; and [iv] Privacy.Rights@PH: Issues in the Philippine Information
Society. A Public Forum; 2012 May 25; Information and Communications
Technology Office – National Computer Center Building, Quezon City,
Philippines.
Source Principle/Provision
A. Right to Privacy in General
Constitution
1987 Philippine Constitution Section 3 (1), Article III: The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise, as prescribed by law. xxx
Statutes
An Act to Ordain and Institute the Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give
Civil Code of the Philippines, [NEW everyone his due, and observe honesty and good faith.
CIVIL CODE] Republic Act No. 386,
(June 18, 1949). Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter
for the same.
Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs
or public policy shall compensate the latter for the damage.
Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other
persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of
action for damages, prevention and other relief:
(1) Prying into the privacy of another's residence:
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical
defect, or other personal condition.
Art. 32 Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates
or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the
latter for damages:
xxx
(11) The privacy of communication and correspondence...
xxx
Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for
the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a
quasi-delict and is governed by the provisions of this Chapter.
An Act Revising the Penal Code and Art. 228. Opening of closed documents. — Any public officer not included in the provisions of the next preceding
Other Penal Laws [REVISED PENAL article who, without proper authority, shall open or shall permit to be opened any closed papers, documents or objects
CODE], Act No. 3815, (1932). entrusted to his custody, shall suffer the penalties or arresto mayor, temporary special disqualification and a fine of not
exceeding 2,000 pesos.
Art. 229. Revelation of secrets by an officer. — Any public officer who shall reveal any secret known to him by reason
of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which
should not be published, shall suffer the penalties of prision correccional in its medium and maximum periods,
perpetual special disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery of
such papers shall have caused serious damage to the public interest; otherwise, the penalties of prision correccional in
its minimum period, temporary special disqualification and a fine not exceeding 50 pesos shall be imposed.
Art. 230. Public officer revealing secrets of private individual. — Any public officer to whom the secrets of any private
individual shall become known by reason of his office who shall reveal such secrets, shall suffer the penalties of arresto
mayor and a fine not exceeding 1,000 pesos.
Art. 290. Discovering secrets through seizure of correspondence. — The penalty of prision correccional in its minimum
and medium periods and a fine not exceeding 500 pesos shall be imposed upon any private individual who in order to
discover the secrets of another, shall seize his papers or letters and reveal the contents thereof.
If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not exceeding 500 pesos.
The provision shall not be applicable to parents, guardians, or persons entrusted with the custody of minors with respect
to the papers or letters of the children or minors placed under their care or study, nor to spouses with respect to the
papers or letters of either of them.
Art. 291. Revealing secrets with abuse of office. — The penalty of arresto mayor and a fine not exceeding 500 pesos
shall be imposed upon any manager, employee, or servant who, in such capacity, shall learn the secrets of his principal
or master and shall reveal such secrets.
B. Right to Privacy in Relation to the Healthcare System
Statutes
The Medical Act of 1959, Republic Section 24: Grounds for reprimand, suspension or revocation of registration certificate. Any of the following shall be
Act No. 2382, (June 20, 1959) sufficient ground for reprimanding a physician, or for suspending or revoking a certificate of registration as physician:
xxx
(12) Violation of any provision of the Code of Ethics as approved by the Philippine Medical Association.
An Act Promulgating Policies and Section 2 (b) (1): The State shall extend to every person suspected or known to be infected with HIV/AIDS full
Prescribing Measures for the protection of his/her human rights and civil liberties. Towards this end, xxx the right of privacy of individuals with HIV
Section 31, Article VI: Exceptions to the Mandate of Confidentiality – Medical confidentiality shall not be considered
breached in the following cases:
(a) when complying with reportorial requirements in conjunction with the AIDSWATCH programs provided in
Section 27 of this Act;
(b) when informing other health workers directly involved or about to be involved in the treatment or care of a person
with HIV/AIDS: Provided, That such treatment or care carry the risk of HIV transmission: Provided, further, That such
workers shall be obliged to maintain the shared medical confidentiality;
(c) when responding to a subpoena duces tecum and subpoena ad testificandum issued by a Court with jurisdiction
over a legal proceeding where the main issue is the HIV status of an individual: Provided, That the confidential medical
record shall be properly sealed by its lawful custodian after being double-checked for accuracy by the head of the office
or department, hand delivered and personally opened by the judge: Provided, further, That the judicial proceedings be
held in executive session.
Section 33, Article VI: Penalties for Violation of Confidentiality – Any violation of medical confidentiality as provided
in Sections 30 and Section 32 of this Act shall suffer the penalty of imprisonment for six (6) months to four (4) years,
without prejudice to administrative sanctions such as fines and suspension or revocation of the violator’s license to
practice his/her profession, as well as the cancellation or withdrawal of the license to operate any business entity and
the accreditation of hospitals, laboratories and clinics.
An Act Instituting the Comprehensive Section 36. Authorized Drug Testing. The following shall be subjected to undergo drug testing:
Dangerous Drugs Act of 2002, (a) Applicants for driver's license. – No driver's license shall be issued or renewed to any person unless he/she
Repealing Republic Act No. 6425, presents a certification that he/she has undergone a mandatory drug test and indicating thereon that he/she is free
Otherwise Known as the Dangerous from the use of dangerous drugs;
Drugs Act of 1972, as Amended, (b) Applicants for firearm's license and for permit to carry firearms outside of residence. – All applicants for firearm's
Providing Funds Therefor, and for license and permit to carry firearms outside of residence shall undergo a mandatory drug test to ensure that they are
Other Purposes, “Comprehensive free from the use of dangerous drugs: Provided, That all persons who by the nature of their profession carry firearms
Dangerous Drugs Act of 2002”, shall undergo drug testing;
Republic Act No. 9165, (June 7, 2002) (c) Students of secondary and tertiary schools. – Students of secondary and tertiary schools shall, pursuant to the
related rules and regulations as contained in the school's student handbook and with notice to the parents, undergo a
random drug testing: Provided, That all drug testing expenses whether in public or private schools under this Section
will be borne by the government;
(d) Officers and employees of public and private offices. – Officers and employees of public and private offices,
whether domestic or overseas, shall be subjected to undergo a random drug test as contained in the company's work
rules and regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any
officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a
ground for suspension or termination, subject to the provisions of Article 282 of the Labor Code and pertinent
provisions of the Civil Service Law;
(e) Officers and members of the military, police and other law enforcement agencies. – Officers and members of the
military, police and other law enforcement agencies shall undergo an annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a criminal offense having an imposable penalty of
imprisonment of not less than six (6) years and one (1) day shall have to undergo a mandatory drug test; and
(g) All candidates for public office whether appointed or elected both in the national or local government shall
undergo a mandatory drug test.
In addition to the above stated penalties in this Section, those found to be positive for dangerous drugs use shall be
subject to the provisions of Section 15 of this Act.
Section 40. Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals. –
a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential chemicals shall maintain and
keep an original record of sales, purchases, acquisitions and deliveries of dangerous drugs, indicating therein the
following information:
(1) License number and address of the pharmacist;
(2) Name, address and license of the manufacturer, importer or wholesaler from whom the dangerous drugs have
been purchased;
(3) Quantity and name of the dangerous drugs purchased or acquired;
(4) Date of acquisition or purchase;
(5) Name, address and community tax certificate number of the buyer;
(6) Serial number of the prescription and the name of the physician, dentist, veterinarian or practitioner issuing the
same;
(7) Quantity and name of the dangerous drugs sold or delivered; and
(8) Date of sale or delivery.
Section 60. Confidentiality of Records Under the Voluntary Submission Program. – Judicial and medical records of
drug dependents under the voluntary submission program shall be confidential and shall not be used against him for any
purpose, except to determine how many times, by himself/herself or through his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity, he/she voluntarily submitted himself/herself for confinement,
treatment and rehabilitation or has been committed to a Center under this program.
Section 64. Confidentiality of Records Under the Compulsory Submission Program. – The records of a drug dependent
who was rehabilitated and discharged from the Center under the compulsory submission program, or who was charged
for violation of Section 15 of this Act, shall be covered by Section 60 of this Act. However, the records of a drug
dependent who was not rehabilitated, or who escaped but did not surrender himself/herself within the prescribed period,
shall be forwarded to the court and their use shall be determined by the court, taking into consideration public interest
and the welfare of the drug dependent.
Section 72. Liability of a Person Who Violates the Confidentiality of Records. – The penalty of imprisonment ranging
from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos (P1,000.00) to Six
thousand pesos (P6,000.00), shall be imposed upon any person who, having official custody of or access to the
confidential records of any drug dependent under voluntary submission programs, or anyone who, having gained
possession of said records, whether lawfully or not, reveals their content to any person other than those charged with the
prosecution of the offenses under this Act and its implementation. The maximum penalty shall be imposed, in addition
to absolute perpetual disqualification from any public office, when the offender is a government official or employee.
Should the records be used for unlawful purposes, such as blackmail of the drug dependent or the members of his/her
family, the penalty imposed for the crime of violation of confidentiality shall be in addition to whatever crime he/she
may be convicted of.
An Act Defining Violence Against Section 44. Confidentiality. – All records pertaining to cases of violence against women and their children including
Women and Their Children, Providing those in the barangay shall be confidential and all public officers and employees and public or private clinics to
for Protective Measures for Victims, hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the
Prescribing Penalties Therefore, and name, address, telephone number, school, business address, employer, or other identifying information of a victim or an
for Other Purposes, “Anti-Violence immediate family member, without the latter's consent, shall be liable to the contempt power of the court.
Against Women and Their Children Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more
Act of 2004”, Republic Act No. 9262, than Five Hundred Thousand pesos (P500,000.00).
(March 8, 2004)
Rules of Court and Administrative Rules
Revised Rules of Evidence, Rules of Section 24 (c), Rule 128: Disqualification by reason of privileged communication. — The following persons cannot
Court, (March 14, 1989) testify as to matters learned in confidence in the following cases: A person authorized to practice medicine, surgery or
obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by
him or any information which he may have acquired in attending such patient in a professional capacity, which
information was necessary to enable him to act in capacity, and which would blacken the reputation of the patient
Department of Health Guidelines in Auditory and Visual Privacy: A hospital and other health facilities shall observe acceptable sound level and adequate
the Planning and Design of a Hospital visual seclusion to achieve the acoustical and privacy requirements in designated areas allowing the unhampered
and other Health Facilities (2004) conduct of activities.
Philippine Health Insurance 1.3.b.1 Standard: The organization documents and follows policies and procedures for addressing patients’ needs for
Corporation Benchbook Self- confidentiality, privacy, security, religious counseling and communication
Assessment and Accreditation Process Criteria: The hospital systematically determines, monitors and improves the extent to which patients’ needs for
Manual confidentiality, privacy, security, counseling and communication are addressed.
1.5.b.1 Standard: The organization’s personnel discharge their functions according to codes of ethical behavior and
other relevant professional and statutory standards.
Criteria: The organization identifies and monitors personnel compliance with the code of ethics relevant to their
respective disciplines.
Case Law
Lim vs. Court of Appeals (G.R. No. This rule on the physician-patient privilege is intended to facilitate and make safe full and confidential disclosure by the
91114, September 25, 1992) patient to the physician of all facts, circumstances and symptoms, untrammeled by apprehension of their subsequent
and enforced disclosure and publication on the witness stand, to the end that the physician may form a correct opinion,
and be enabled safely and efficaciously to treat his patient. It rests in public policy and is for the general interest of the
community.
Since the object of the privilege is to protect the patient, it may be waived if no timely objection is made to the
physician’s testimony.
In order that the privilege may be successfully claimed, the following requisites must concur:
“1. the privilege is claimed in a civil case;
2. the person against whom the privilege is claimed is one duly authorized to practice medicine, surgery or obstetrics;
3. such person acquired the information while he was attending to the patient in his professional capacity;
4. the information was necessary to enable him to act in that capacity; and
5. the information was confidential, and, if disclosed, would blacken the reputation (formerly character) of the patient.”
xxx
The physician may be considered to be acting in his professional capacity when he attends to the patient for
SEC. 33. Penalties. - The following Acts shall be penalized by fine and/or imprisonment, as follows:
(a) Hacking or cracking which refers to unauthorized access into or interference in a computer system/server or
information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or
other similar information and communication devices, without the knowledge and consent of the owner of the computer
or information and communications system, including the introduction of computer viruses and the like, resulting in the
corruption, destruction, alteration, theft or loss of electronic data messages or electronic document shall be punished by
a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred
and a mandatory imprisonment of six (6) months to three (3) years;
(b) Piracy or the unauthorized copying, reproduction, dissemination, distribution, importation, use, removal, alteration,
substitution, modification, storage, uploading, downloading, communication, making available to the public, or
broadcasting of protected material, electronic signature or copyrighted works including legally protected sound
recordings or phonograms or information material on protected works, through the use of telecommunication networks,
such as, but not limited to, the internet, in a manner that infringes intellectual property rights shall be punished by a
minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred
and a mandatory imprisonment of six (6) months to three (3) years;
(c) Violations of the Consumer Act or Republic Act No. 7394 and other relevant or pertinent laws through transactions
covered by or using electronic data messages or electronic documents, shall be penalized with the same penalties as
provided in those laws; (d) Other violations of the provisions of this Act, shall be penalized with a maximum penalty of
one million pesos (P1,000,000.00) or six (6) years imprisonment.
An Act to Prohibit and Penalize Wire Section 1. It shall be unlawful for any person, not being authorized by all the parties to any private communication or
Tapping and Other related Violations spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or
of the Privacy of Communication, and record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or
for Other Purposes, Republic Act No. detectaphone or walkie-talkie or tape recorder, or however otherwise described:
Sec. 2. Any person who wilfully or knowingly does or who shall aid, permit, or cause to be done any of the acts
declared to be unlawful in the preceding Sec. or who violates the provisions of the following Sec. or of any order issued
thereunder, or aids, permits, or causes such violation shall, upon conviction thereof, be punished by imprisonment for
not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification
from public office if the offender be a public official at the time of the commission of the offense, and, if the offender is
an alien he shall be subject to deportation proceedings.
D. Exceptions to the Right to Privacy
Statutes
Republic Act No. 3573, Law of Mandatory reporting of individuals and health facilities of notifiable diseases to local and national health authorities.
Reporting of Communicable Diseases
Law on Registry of Civil Status, Sec. 5. Registration and Certification of Birth. — The declaration of the physician or midwife in attendance at the birth
Republic Act No. 3753, (November or, in default thereof, the declaration of either parent of the newborn child, shall be sufficient for the registration of a
26, 1930) birth in the civil register. Such declaration shall be exempt from the documentary stamp tax and shall be sent to the
local civil registrar not later than thirty days after the birth, by the physician, or midwife in attendance at the birth or by
either parent of the newly born child.
Sec. 6. Death certificate and register. — No human body shall be buried unless the proper death certificate has been
presented and recorded in the office of the local civil registrar. The physician who attended the deceased or, in his
default the health officer concerned, or in default of the latter, any member of the family of the deceased or any person
having knowledge of the death, shall report the same to the local health authorities, who shall issue a death certificate
and shall order the same to be recorded in the office of the local civil registrar.
An Act Regulating the Practice of Section 32: Record books for prescription. All prescriptions dispersed in the drugstore shall be recorded in the book
Pharmacy and Setting Standards of kept for the purpose indicating therein, among others, the name of the manufacturer, the original stock, lot and control
Pharmaceutical Education in the numbers of the main ingredients of the prescriptions, which book shall be open to inspection by the proper authorities at
Philippines and for Other Purposes, any time of the day when the pharmacy is open to the public and must be preserved for a period of not less than two
Republic Act No. 5921, (June 21, years the last entry in it has been made. All prescription shall be attached to said book for prescriptions and numbered
1969) consecutively and shall be preserved for the same length of time as the prescription book.
A Decree Instituting a Labor Code Art. 187. Attending physician. Any physician attending an injured or sick employee shall comply with all the
Thereby Revising and Consolidating regulations of the System and submit reports in prescribed forms at such time as may be required concerning his
Labor and Social Laws to Afford condition or treatment. All medical information relevant to the particular injury or sickness shall, on demand, be made
Protection to Labor, Promote available to the employee or the System. No information developed in connection with treatment or examination for
Employment and Human Resources which compensation is sought shall be considered as privileged communication.
Development and Insure Industrial
Peace Based on Social Justice, “Labor
Code of the Philippines”, Presidential
Decree No. 442, as amended, (May 1,
1974)
The Child and Youth Welfare Code, Article 166. Report of Maltreated or Abused Child. - All hospitals, clinics and other institutions as well as private
Presidential Decree No. 603, physicians providing treatment shall, within forty-eight hours from knowledge of the case, report in writing to the city
(December 10, 1974) or provincial fiscal or to the Local Council for the Protection of Children or to the nearest unit of the Department of
Social Welfare, any case of a maltreated or abused child, or exploitation of an employed child contrary to the provisions
of labor laws. It shall be the duty of the Council for the Protection of Children or the unit of the Department of Social
Welfare to whom such a report is made to forward the same to the provincial or city fiscal.
Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to make such report to
a fine of not more than two thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be kept strictly confidential and no information
relating thereto shall be disclosed except in connection with any court or official proceeding based on such report. Any
person disclosing confidential information in violation of this provision shall be punished by a fine of not less than one
hundred pesos nor more than five thousand pesos, or by imprisonment for not less than thirty days nor more than one
year, or both such fine and imprisonment, at the discretion of the court.
Executive Order No. 212, amending Section 1. The attending physician of any hospital, medical clinic, sanitarium or other medical establishments, or any
Presidential Decree No. 169 (July 10, other medical practitioner, who has treated any person for serious or less serious physical injuries as these injuries are
1987) defined in Articles 262, 263, 264 and 265 of the Revised Penal Code shall report the fact of such treatment promptly to
the nearest government health authority
An Act Instituting a National Health Section 16 (m): to supervise the provision of health benefits with the power to inspect medical and financial records of
Insurance Program for all Filipinos and health care providers and patients who are participants in or members of the Program, and the power to
Establishing The Philippine Health enter and inspect accredited health care institutions, subject to the rules and regulations to be promulgated by the
Insurance Corporation for the Purpose, Corporation
“National Health Insurance Act of
1995”, Republic Act No. 7875,
(February 10, 2004)
Rules of Court and Administrative Rules
SEC. 3. Report of findings—If requested by the party examined, the party causing the examination to be made shall
deliver to him a copy of a detailed written report of the examining physician setting out his findings and conclusions.
After such request and delivery, the party causing the examination to be made shall be entitled upon request to receive
from the party examined a like report of any examination, previously or thereafter made, of the same mental or physical
condition. If the party examined refuses to deliver such report, the court on motion and notice may make an order
requiring delivery on such terms as are just, and if a physician fails or refuses to make such a report the court may
exclude his testimony if offered at the trial.
SEC. 4. Waiver of privilege.—By requesting and obtaining a report of the examination so ordered or by taking the
deposition of the examiner, the party examined waives any privilege he may have in that action or any other involving
the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him
in respect of the same mental or physical examination.
Philippine National AIDS Council Sec. 41. Medical Confidentiality. Medical confidentiality shall protect and uphold the right to privacy of an individual
Resolution No. 1, Rules and who undergoes HIV testing or is diagnosed to have HIV. It includes safeguarding all medical records obtained by health
Regulations Implementing the professionals, health instructors, co-workers, employers, recruitment agencies, insurance companies, data encoders, and
Philippine AIDS Prevention and other custodians of said record, file, or data.
Control Act of 1994 (RA 8504), (April Confidentiality shall encompass all forms of communication that directly or indirectly lead to the disclosure of
13, 1999) information on the identity or health status of any person who undergoes HIV testing or is diagnosed to have HIV. This
information may include but is not limited to the name, address, picture, physical description or any other characteristic
of a person which may lead to his/her identification.
To safeguard the confidentiality of a person's HIV/AIDS record, protocols and policies shall be adopted by concerned
officials, agencies and institutions.
Sec. 42. Exceptions to the Mandate of Confidentiality. The requirement for medical confidentiality shall be waived in
the following instances:
a. When responding to a subpoena duces tecum and subpoena ad testificandum issued by a court with jurisdiction over
legal proceedings where the main issue is the HIV status of an individual;
b. When complying with the reporting requirements for AIDSWATCH as provided in Sec. 39 of this IRR; and
c. When informing other health workers directly involved or about to be involved in the treatment or care of a person
with HIV/AIDS and such treatment or care carry the risk of HIV transmission
Health workers who are exposed to invasive procedures and may potentially be in contact with blood and bodily
fluids likely to transmit HIV shall be informed of the HIV status of a person, even without his/her consent. This
information is vital to their protection against acquiring and transmitting the HIV infection through safe practices and
procedures in accordance with Secs. 21 and 24 of this IRR.
Those who are not at risk of transmission, must not be informed of a person’s HIV status.
All health workers shall maintain shared medical confidentiality.
DOH Administrative Order No, 2008- The policy encompasses all individuals and health facilities, both government and private, in all levels of government
0009, Adopting the 2008 Revised List (sitio, barangay/village, municipal, city, provincial, regional and national).
of Notifiable Diseases, Syndromes and - This order mandated the submission of case-based investigation report to the Provincial Health Office, Centers
Health-Related Events and Conditions, for Health Development, and the National Epidemiology Center within 24 hours of detection of immediately
(February 12, 2008) notifiable diseases
PhilHealth Circular No. 030, s. 2000, This is in keeping with Section 2 of RA 3573 that states, every person having knowledge of the occurrence of any case
Strict Compliance to Republic Act of reportable or communicable diseases shall immediately notify the nearest health station either by telephone, by
3573, the Law on Reporting messenger or by written notice, specifying the disease and the name and address of the person affected.
Communicable Diseases, (September The immediate disclosure of the above information and any other diseases publicly declared by the Secretary of
18, 2000) Health to be communicable and dangerous to the public health will enable the health agencies concerned to prepare for
contingencies.
E. Ethical Principles
Hippocratic Oath All that may come to my knowledge in the exercise of my profession or in daily commerce with men, which ought not
to be spread abroad, I will keep secret and will never reveal.
WMA Declaration of Lisbon on the Right to confidentiality
Rights of the Patient a. All identifiable information about a patient's health status, medical condition, diagnosis, prognosis and treatment and
all other information of a personal kind must be kept confidential, even after death. Exceptionally, descendants may
have a right of access to information that would inform them of their health risks.
b. Confidential information can only be disclosed if the patient gives explicit consent or if expressly provided for in the
law. Information can be disclosed to other health care providers only on a strictly "need to know" basis unless the
patient has given explicit consent.
c. All identifiable patient data must be protected. The protection of the data must be appropriate to the manner of its
storage. Human substances from which identifiable data can be derived must be likewise protected.
International Code of Medical Ethics, A physician shall respect a patient's right to confidentiality. It is ethical to disclose confidential information when the
World Medical Association patient consents to it or when there is a real and imminent threat of harm to the patient or to others and this threat can be
only removed by a breach of confidentiality.