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The Headache Clinic

Privacy Policy

Introduction

  1. This website can be accessed at www.theheadacheclinic.net, related mobi-sites and software applications (the “Website”) and is owned and operated by The Headache Clinic (“The headache Clinic”, “we”, “us” and “our”).
  2. The Headache Clinic acknowledges the rights of privacy and dignity of all persons. This includes the right to protection of private information. In compiling this policy, the statutory framework contained in the laws of South Africa was given due consideration. See references for further detail. The inherent right to privacy is protected in the Constitution of Republic of South Africa. All patient information will be protected from unauthorized access, loss or damage and respected as confidential by all staff members, contractors, volunteers or learners.

 Legal Framework

  1. The Constitution South Africa Act No 108 of 1996 (s14) deals pertinently with the right to privacy and confidentiality.
  2. The Electronic Communications and Transactions Act No 25 of 2002 applies in respect of electronic transactions or data messages and state that data controller should have the express written permission of the data subject for the processing, collecting, collation or disclosure of information of a person.
  3. The National Health Act No 61 of 2003 (14) stipulates that the information is confidential and may not be disclosed if not consented to.
  4. The Nursing Act No 33 of 2005, regulations deal dealing with acts of omission specifies that information obtained concerning a patient in the course of professional activities may not be disclosed without consent.
  5. The Pharmacy Act no 53 of 1974, rules relating to good pharmacy practice deals extensively with disclosure of information obtained in the course of professional activities without express consent will constitute unethical or unprofessional conduct.
  6. The Promotion of Access to Information Act No 2 of 2000 deals with rights of access to information and clearly state that personal information may not be disclosed to third-party unless the party has given permission for disclosure of information.
  7. The Protection of Personal Information Act No 4 of 2013 provides clear guidance on the protection rights of personal information.

What is Personal Information

Personal information means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to

  1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, color, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person
  2. information relating to the education or the medical, financial, criminal or employment history of the person
  3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person
  4. the biometric information of the person
  5. the personal opinions, views or preferences of the person
  6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence
  7. the views or opinions of another individual about the person and
  8. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.Personal information will be collected from you directly. This is done during the admission and stay in hospital process. Where the law requires that information regarding certain diseases need to be notified to authorities, this will take place.

When Will We Process Your Personal Information

Personal information of clients will only be processed for purposes concerning for the patient and lawful purposes only.