Section 23
Right to confidentiality.
The Mental Healthcare Act, 2017
About this Act
An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto.
(1) A person with mental illness shall have the right to confidentiality
in respect of his mental health, mental healthcare, treatment and physical healthcare.
(2) All health professionals providing care or treatment to a person with mental illness shall have a duty to keep all such information confidential which has been obtained during care or treatment with the following exceptions, namely:—
(a) release of information to the nominated representative to enable him to fulfil his duties under this Act;
(b) release of information to other mental health professionals and other health professionals to enable them to provide care and treatment to the person with mental illness;
(c) release of information if it is necessary to protect any other person from harm or violence;
(d) only such information that is necessary to protect against the harm identified shall be released;
(e) release only such information as is necessary to prevent threat to life;
(f) release of information upon an order by concerned Board or the Central Authority or High Court or Supreme Court or any other statutory authority competent to do so; and
(g) release of information in the interests of public safety and security.
(2) All health professionals providing care or treatment to a person with mental illness shall have a duty to keep all such information confidential which has been obtained during care or treatment with the following exceptions, namely:—
(a) release of information to the nominated representative to enable him to fulfil his duties under this Act;
(b) release of information to other mental health professionals and other health professionals to enable them to provide care and treatment to the person with mental illness;
(c) release of information if it is necessary to protect any other person from harm or violence;
(d) only such information that is necessary to protect against the harm identified shall be released;
(e) release only such information as is necessary to prevent threat to life;
(f) release of information upon an order by concerned Board or the Central Authority or High Court or Supreme Court or any other statutory authority competent to do so; and
(g) release of information in the interests of public safety and security.