Strong condemnation needed for medical professionals filming patients without consent: Ho Chi Minh City health department

Dr. Thuong told Tuoi Tre (Youth) newspaper that in Vietnam, the right to privacy concerning an individual's health and medical condition is clearly defined in multiple legal documents, particularly the 2023 Law on Medical Examination and Treatment and Decree 13/2023/ND-CP on personal data protection.

Specifically, the 2023 Law on Medical Examination and Treatment (Law No. 15/2023/QH15), effective from January 1, 2024, replaces the 2009 version and clearly outlines the rights and obligations of patients, healthcare professionals, and medical institutions.

Patients have the right to confidentiality regarding their medical records and any personal information shared with medical practitioners during examination and treatment, unless they consent to share such information.

Medical professionals are obligated to keep confidential the patient's condition, information provided by the patient, and medical records, except where the patient has agreed to disclosure.

The right to confidentiality of patient information is also covered under Decree 13/2023/ND-CP on personal data protection, which includes data relating to an individual's health and private life.

Under the law, data subjects have the right to claim compensation for damages resulting from violations of personal data protection regulations, unless otherwise agreed by the parties involved or stipulated by law.

Data controllers and personal data processors are responsible for ensuring the rights of data subjects in accordance with legal provisions.

In addition, the 2007 Law on Prevention and Control of Infectious Diseases also requires medical institutions to keep patient information confidential.

Decree 117/2020/ND-CP stipulates administrative penalties in the healthcare sector, including for acts that disclose a patient's condition, provided information, or medical records.

Use of patient information is only permitted with the patient's consent or for sharing knowledge and experience to improve diagnosis, care, and treatment among practitioners directly involved in the patient's care, or in other cases as permitted by law.

Vietnamese law has thus established a clear legal framework to protect individuals' privacy and personal health information. Healthcare institutions and medical personnel are required to strictly comply with these regulations to safeguard patients' rights.

Regarding cases where medical practitioners post images or videos of the examination and treatment process on platforms like TikTok or Facebook, Dr. Thuong stressed the need for strong condemnation.

Currently, a flood of social media content features videos with patient images, prescriptions, voices during consultations, and even live streams.