Mandatory disclosure of COVID-19 patient info needs clear parameters, CHR says
MANILA, Philippines — The Commission on Human Rights said Monday that the requirement for patients confirmed to have been infected by COVID-19 to disclose personal information is prone to abuse and overreach.
In a statement issued on Monday evening, the commission said that while it supports measures on information sharing during the global pandemic, there have to be clear guidelines on the disclosure of patient information.
On Sunday, the Inter-Agency Task Force on Emerging Infectious Diseases said it would require the public disclosure of identities and diagnoses of patients of the new virus as part of a data-sharing agreement between the Department of Health and the Office of Civil Defense.
"The IATF adopts the policy of mandatory public disclosure of personal information relating to positive COVID-19 cases to enhance the contact-tracing efforts of the government," Cabinet Secretary and IATF spokesperson Karlo Nograles said then, stressing that these would be in accordance with the Data Privacy Act.
READ: IATF adopts mandatory public disclosure of info on COVID-19 patients
On Monday, Nograles said that those who violate the requirement could be penalized by virtue of the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act.
Republic Act No. 11332 prohibits “non-cooperation of persons and entities that should report and/or respond to notifiable diseases or health events of public concern” and includes penalties ranging from a fine of P20,000 to P50,000, imprisonment from one to six months, or both, at the discretion of the court.
"Clear parameters must be outlined to ensure that it will not overstep the right to privacy," lawyer and CHR spokesperson Jacqueline de Guia said.
"We recognize the importance of contract tracing to contain the virus, but it must be done with utmost care for privacy and confidentiality."
READ: COVID-19 patients who refuse to disclose info to DOH may be penalized — Nograles
Section 6(g) of R.A. 11332 reads:
All personnel of the DOH and its local counterparts, and all other individuals or entities involved in conducting disease surveillance and response activities shall respect, to the fullest extent possible, the rights of people to liberty, bodily integrity, and privacy while maintaining and preserving public health and security.
"Given the reports on stigmatization and attacks directed towards COVID-19 suspects and cases, as well as frontliners, it is the obligation of all personnel involved to respect and handle with utmost respect and confidentiality the data gathered," De Guia said.
'Health and safety outweigh individual rights'
As early as April 6, before the measures were announced by the IATF, doctors and lawyers groups urged patients of the new pathogen to waive their rights to patient privacy
READ: Doctors, lawyers urge COVID patients to waive privacy
In a one-page statement, the Integrated Bar of the Philippines, with Philippine Medical Association and Philippine College of Surgeons (PCS), said the pressing demands of public health and safety outweighed individual rights.
Healthcare workers on the frontlines, who are among those most at risk of contracting the virus, have said on numerous occasions that they feared the possible effects of patients lying about their medical conditions.
The health department, too, has acknowledged that patients who withheld this information led to the deaths of medical workers.
Department of Health spokesperson Rosette Vergeire said in an interview with CNN Philippines' "The Source" in March that "some of [the doctors] died because their patients were not able to disclose their full information, thereby giving them that increased risk that's why they got infected and eventually died."
"Proper and lawful handling of personal data will also give patients the assurance and confidence to provide truthful and accurate information. Needless to say, the right to anonymity should be observed for the protection of the patients' identity, privacy, and dignity," De Guia said. — with reports from Kristine Joy Patag
If you believe you have come into possible contact with infected patients, you may be directed to the proper office of the Department of Health for advice through the following lines: (632) 8651-7800 local 1149/1150 or (632) 165-364. You may also opt to call the Research Institute for Tropical Medicine at (02) 8807-2631/ 8807-2632/ 8807-2637
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