Home VOL. 9 (2023) A Medico-Legal Analysis of Confidentiality: Discerning Public Interest and What is Interesting...

A Medico-Legal Analysis of Confidentiality: Discerning Public Interest and What is Interesting to the Public

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Abstract

In medico-legal parlance, an astute consideration of the concept of confidentiality appears to suggest that its analysis is such as does not easily lend itself to a simplistic approach. Being a lexicon that is not exclusive to the register of medical science, it has very significant bearing on law owing to the fact that a significant number of the issues that must be resolved in its practice are legal in nature and as such, is regulated by law at various levels. This article examines the concept of confidentiality and distils the indices of public interest from that which is interesting to the public. It discusses the exceptions to the duty of medical confidentiality in the light of public interest and suggests that confidentiality is founded on the inalienable fundamental human right to privacy. It argues that the fluidity in the tension between what is interesting to the public and that of public interest requires a case by case consideration with sound legal justification.

Authors: Aaron, Ologe