Health network in Kerala is facing legal troubles
Kerala, India – A group of lawyers is challenging the health care ethics code, claiming it infringes on the right to privacy of its residents and citizens.
The legal battle has been launched by the Kerala Rural Health Network (KRHN) in a plea seeking a judicial review.
The network, which is owned by the state government, is a health care provider based in the city of Kozhikode, and runs four clinics in the state.
The KRHN is the latest government body to fall foul of privacy and data protection laws in Kerala.
Earlier this year, the Kerala government banned telehealth providers from collecting and storing data on residents.
The government has also issued warnings to residents and visitors, and barred telehealth companies from working with anyone without their permission.
In the KRHNs case, lawyers said that the code violates the right of privacy of residents, as they are not given the option to opt out of participating in the health network.
“As we are a health network, our activities cannot be done by anyone other than the health authorities.
We do not know any other reason that they are trying to get away with the policy,” said Anand Kumar, one of the lawyers who is representing the KPHN.
Kumar said the code is the only way to safeguard privacy and security of the health information of residents.
“They (health authorities) are not being sensitive to the rights of people who are not enrolled.
This is a violation of their right to protect privacy and privacy of citizens,” he said.
The code, which was passed in 2014, says that residents have the right “to the protection of personal data and the right not to be subject to personal data”.
However, the code was amended in 2017 to also make it a crime to disclose personal data to third parties without the permission of the individual.
The health authorities have claimed that the law is aimed at ensuring that residents are not targeted for harassment and discrimination.
The code, however, says the privacy of the data is not the same as the right under the right for personal privacy, which includes the right against unwarranted intrusion.
The Kerala Health Ministry has not responded to requests for comment.