Ensure There Is No Breach Of Confidentiality Of Information Of HIV Patients When Applying For Benefits Under CMRF Through Akshaya Centres: Kerala HC To State
The Kerala High Court directed the State Government and District Collector to draft specific modus and protocols to ensure the privacy and confidentiality of HIV patients are protected under the Chief Minister Relief Fund (CMRF).
The Court emphasized that it is crucial and unquestionable to keep confidential information about HIV patients. The Court held that the right to privacy is constitutionally protected, and therefore, the State of Kerala and District Collectors are obligated to ensure confidentiality is maintained throughout the process.
Justice Devan Ramachandran observed, “It is not sufficient that Government has issued Ext.P1; but for its implementation, specific modus and protocols have to be made, for the reasons already said above...The learned Government Pleader is, therefore, directed to obtain specific instructions from the Government as to the steps/ initiatives required to implement Ext.P1 (CMRF) in such manner that the petitioner and similarly placed persons would not be prejudiced on account of breach of confidentiality”.
Advocate Sandhya Raju appeared for the Petitioner.
The Petitioner approached the High Court by way of a Writ Petition seeking directions against the State to create protocols that guarantee the safety and privacy of HIV patients. The Petitioner contended that many people infected with HIV belonged to the lowest income group of society and were compelled to use platforms like Akshaya Centre to upload their applications and medical documents. This situation resulted in a violation of confidentiality.
The Court emphasized that it is crucial and unquestionable to keep confidential information about HIV patients. The Court held that the right to privacy is constitutionally protected, and therefore, the State of Kerala and District Collectors are obligated to ensure confidentiality is maintained throughout the process.
The Court noted “There can be no doubt at all that the requirement of maintenance of confidentiality of the information related to persons like the petitioner is paramount and unassailable. Since the right to privacy is a constitutional guarantee available to the petitioner and such other persons, it is apodictic that State of Kerala, as also the District Collectors, are now obligated to ensure that confidentiality is maintained at every stage, for which specific safeguards have to be put in place”.
The Court directed the State Government to submit a reply by September 29.
Accordingly, the Court listed the matter for October, 3.
Cause Title: XXX v State of Kerala