Section 29 National Health Act
Section 29 National Health Act 2014 is about Protection of health records. It is under Part III (Rights and Obligations of Users and Healthcare Personnel) of the Act.
(1) The person in charge of a health establishment who is in possession of a user’s health records shall set up control measures to prevent unauthorised access to those records and to the storage facility in which, or system by which, records are kept.
(2) A person who—
(a) fails to perform a duty imposed on them under subsection (1) of this Act ;
(b) falsifies any record by adding to or deleting or changing any information contained in that record ;
(c) creates, changes or destroys a record without authority to do so ;
(d) fails to create or change a record when properly required to do so ;
(e) provides false information with the intent that it be included in a record ;
(f) without authority, copies any part of a record ;
(g) without authority, connects the personal identification elements of a user’s record with any element of that record that concerns the user’s condition, treatment or history ;
(h) gains unauthorised access to a record or record-keeping system, including intercepting information being transmitted from one person, or one part of a record-keeping system, to another ;
(i) without authority, connects any part of a computer or other electronic system on which records are kept to any—
(i) other computer or other electronic system ; or
(ii) terminal or other installation connected to or forming part of any other computer or other electronic system ; or
(j) without authority, modifies or impairs the operation of any—
(i) part of the operating system of a computer or other electronic system on which a user’s records are kept ; or
(ii) part of the programme used to record, store, retrieve or display information on a computer or other electronic system on which a user’s records are kept,
commits an offence and is liable on conviction to imprisonment for a period not exceeding two years or to a fine of N250,000.00 or both.
