CRITICAL APPRAISAL OF RIGHTS TO CONFIDENTIALITY AND BREACH OF PATIENT’S PRIVACY.

ABSTRACT Although patient privacy and confidentiality breaches have always been an issue, technological advancements in the medical field have led to the emergence of new ways to violate these fundamental rights, which are not currently covered by the law. Because of the disconnect between law and technology that this issue has shown, the study assessed the legal framework of privacy and confidentiality. In this study, doctrinal analysis was used. For this study, both primary and secondary sources were used. Primary sources that were relevant to this research included, but were not limited to, international instruments pertinent to the discussion, the National Health Act 2014, the National Health Insurance Scheme Act 2004, and the Federal Republic of Nigeria 1999 (as amended) Constitution. Legislation and documented judicial authorities were also used. The secondary sources were journal articles, books on privacy and confidentiality, internet resources, and author articles, among others. The study revealed that Nigeria's current legal framework did not address the growing breaches of Confidentiality and privacy in the medical field. Additionally, confidentiality and privacy were not defined in the majority of laws. Several laws’ punishment provisions are insufficient since they are out of date. Nigeria’s medical sector’s current privacy and confidentiality laws are powerless to control new instances of these infractions. The study recommended that the legislators should give a clear definition of confidentiality and privacy for better understanding of both concepts. The study also recommend the rectification of international instruments as majority of them are silent on the concepts or penalties. The legislators should create stronger institutional framework for the purpose of protecting the medical confidence and privacy of every patient. The study concluded by stating that the medical right of a patient is very vital in the treatment of a patient, however, there are lacunas in the effective enforcement of this doctrine.