The inviolability of medical confidentiality in Malaysia: an analysis of the rules and exceptions

The duty of medical confidentiality has been one of the core duties of medical practice as information created, disclosed, acquired directly or indirectly during the doctor-patient relationship is considered confidential and requires legitimate protection. Further, preserving confidentiality on the...

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Main Authors:	Jahn Kassim, Puteri Nemie, Ramli, Nazri
Format:	Article
Language:	English English
Published:	Ahmad Ibrahim Kulliyyah of Law International Islamic University Malaysia 2016
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/54432/ http://irep.iium.edu.my/54432/ http://irep.iium.edu.my/54432/1/54432_The%20Inviolability%20of%20Medical.pdf http://irep.iium.edu.my/54432/2/54432_The%20Inviolability%20of%20Medical_WOS.pdf

id	iium-54432
recordtype	eprints
spelling	iium-544322017-10-06T09:07:57Z http://irep.iium.edu.my/54432/ The inviolability of medical confidentiality in Malaysia: an analysis of the rules and exceptions Jahn Kassim, Puteri Nemie Ramli, Nazri K Law (General) The duty of medical confidentiality has been one of the core duties of medical practice as information created, disclosed, acquired directly or indirectly during the doctor-patient relationship is considered confidential and requires legitimate protection. Further, preserving confidentiality on the premise that the relationship between doctor and patient has been built on trust and confidence renders the duty to be seen as sacrosanct. The source for this duty can be found not only in the Hippocratic Oath, codes of ethics, religious tenets but also in the common law, principles of equity and statutory provisions. Nevertheless, technological advancements and the growth of social networks have contributed to the difficulties in preserving confidentiality as the information gathered tends to become vulnerable in unsecure environments. However, the duty of medical confidentiality is by no means absolute as it can be breached in situations in which there are stronger conflicting duties. This article discusses the rules governing the duty of medical confidentiality and the exceptions in which infringements to this duty become justified. It also gives an overview of the duty of confidentiality under Islamic law. It concludes that the inviolability of this duty may be without doubt but circumstances warranting its disclosure are crucial to serve the interests of justice. Ahmad Ibrahim Kulliyyah of Law International Islamic University Malaysia 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/54432/1/54432_The%20Inviolability%20of%20Medical.pdf application/pdf en http://irep.iium.edu.my/54432/2/54432_The%20Inviolability%20of%20Medical_WOS.pdf Jahn Kassim, Puteri Nemie and Ramli, Nazri (2016) The inviolability of medical confidentiality in Malaysia: an analysis of the rules and exceptions. IIUM Law Journal, 24 (2). pp. 335-357. ISSN 0128-2530 E-ISSN 2289-7852 http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/262/199
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Jahn Kassim, Puteri Nemie Ramli, Nazri The inviolability of medical confidentiality in Malaysia: an analysis of the rules and exceptions
description	The duty of medical confidentiality has been one of the core duties of medical practice as information created, disclosed, acquired directly or indirectly during the doctor-patient relationship is considered confidential and requires legitimate protection. Further, preserving confidentiality on the premise that the relationship between doctor and patient has been built on trust and confidence renders the duty to be seen as sacrosanct. The source for this duty can be found not only in the Hippocratic Oath, codes of ethics, religious tenets but also in the common law, principles of equity and statutory provisions. Nevertheless, technological advancements and the growth of social networks have contributed to the difficulties in preserving confidentiality as the information gathered tends to become vulnerable in unsecure environments. However, the duty of medical confidentiality is by no means absolute as it can be breached in situations in which there are stronger conflicting duties. This article discusses the rules governing the duty of medical confidentiality and the exceptions in which infringements to this duty become justified. It also gives an overview of the duty of confidentiality under Islamic law. It concludes that the inviolability of this duty may be without doubt but circumstances warranting its disclosure are crucial to serve the interests of justice.
format	Article
author	Jahn Kassim, Puteri Nemie Ramli, Nazri
author_facet	Jahn Kassim, Puteri Nemie Ramli, Nazri
author_sort	Jahn Kassim, Puteri Nemie
title	The inviolability of medical confidentiality in Malaysia: an analysis of the rules and exceptions
title_short	The inviolability of medical confidentiality in Malaysia: an analysis of the rules and exceptions
title_full	The inviolability of medical confidentiality in Malaysia: an analysis of the rules and exceptions
title_fullStr	The inviolability of medical confidentiality in Malaysia: an analysis of the rules and exceptions
title_full_unstemmed	The inviolability of medical confidentiality in Malaysia: an analysis of the rules and exceptions
title_sort	inviolability of medical confidentiality in malaysia: an analysis of the rules and exceptions
publisher	Ahmad Ibrahim Kulliyyah of Law International Islamic University Malaysia
publishDate	2016
url	http://irep.iium.edu.my/54432/ http://irep.iium.edu.my/54432/ http://irep.iium.edu.my/54432/1/54432_The%20Inviolability%20of%20Medical.pdf http://irep.iium.edu.my/54432/2/54432_The%20Inviolability%20of%20Medical_WOS.pdf
first_indexed	2023-09-18T21:17:02Z
last_indexed	2023-09-18T21:17:02Z
_version_	1777411631121170432

The inviolability of medical confidentiality in Malaysia: an analysis of the rules and exceptions

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