Recently, a list containing the private information of suspected Covid-19 patients was found on social media. Moreover, some state governments officially released details about those under quarantine. Such disclosures sparked concern over maintaining public health, protecting doctor-patient confidentiality, and upholding the fundamental right to privacy.
Government Response: A Divided Approach
Due to the lack of a national law or protocol, state governments have shown differing policies in addressing this issue. Some states have made the data publicly available to ensure citizens are well-informed. Conversely, other states aim to protect identities to prevent panic and respect privacy. For contact tracing and ensuring social isolation, states are largely reliant on community notification.
For example, Karnataka’s Department of Health and Family Planning has released a district-wise list of quarantined individuals with travel details and exact addresses. Several states such as Delhi, Gujarat, and Karnataka have ordered local authorities to mark houses where people are quarantined. West Bengal, despite placing people under home surveillance and isolation, has not disclosed individual identities or hospital sites.
Legal Perspective: No Supporting Law for Personal Information Disclosure
Currently, no law supports the disclosure of personal information to the public. The Indian Medical Council’s Code of Medical Ethics restricts disclosure of patient information obtained during treatment, barring certain exceptions. Exceptions encompass instances where there is a serious, identified risk to a specific person or community, and in the case of notifiable diseases.
Ministry of Health guidelines allow for sharing patient/contact information with state or district level surveillance units of the Integrated Disease Surveillance Programme or any authority that first interacts with the patient. However, the guidelines do not permit making patient details public or naming missing patients.
During a public health emergency, laws invoked, such as the Epidemic Act, 1897, and the Disaster Management Act, 2005, provide legal immunity for actions taken in “good faith”. Under the Data Protection Bill, a data fiduciary like the government can process personal data of individuals during a medical emergency, including epidemics, disease outbreaks or other public health threats. The ongoing COVID-19 pandemic falls under these categories.
Consequences and Issues: Impact of Personal Information Disclosure
Publishing names and addresses of individuals on social media or in front of their houses exposes these families to potential physical or emotional distress and induces panic among the general population. If challenged in court, the government’s disclosure of personal information will have to pass the “proportionality test”. This legal method, used by constitutional courts, requires decisions to balance conflicting legitimate rights in hard cases. One right often prevails at the expense of another.
Way Forward: Containing Panic while Maintaining Privacy
In an ideal scenario, disclosures needed for contact tracing should be restricted to public officials responsible for enforcing the quarantine measures. Furthermore, personal details should be concealed when disclosing such information in public to uphold individual privacy.
