The National Assembly’s Committee on Health has been asked to help harmonise laws to protect the data of People with HIV.
The request by the Kenya AIDS NGO Consortium was made in a session chaired by Hon. Martin Peters Owino (Ndhiwa).
Led by its Executive Director, Prof Allan Raggi, the Kenya AIDS NGOs Consortium (KANCO) asked for the enactment of proper health data governance policies and regulations.
KANCO is a premier membership of network of Non-Governmental Organisations, CBOs, FBOs and private sector actors with the mission to improve the health and well-being of communities through capacity building and innovative leadership.
In the submission, KANCO noted that the health sector has enacted laws and policies that require and recognise data protection when health data is processed. While the identified laws and policies address distinct issues and acknowledge certain data protection principles, they sometimes appear inconsistent with the Data Protection Act. The inconsistency makes it necessary to amend these laws and policies to ensure maximum compliance with the Data Protection Act.
KANCO said the laws to be amended are: the Health Act, Health sector ICT Standards and guidelines for mHealth systems, standards and guidelines for electronic medical record systems, Kenya National eHealth policy 2016-2030, Kenya’s National eHealth policy 2014-2030, and Kenya’s Health information policy 2014-2030 should be amended.
“It is true health information is private property of public interest, so there is need for a clear balance between how you use your public property and how it impacts on other people, for example if you are HIV positive it is important that is your own information but is going to affect other people,” said Dr. James Nyikal.
The NGOs said that the Cabinet Secretary for Health, the office of the Data Protection Commissioner and the Medical Practitioners Council should collaborate to develop standardised data protection guidelines for the health sector. The guidelines will provide guidance on the implementation of the Data Protection Principles in the health sector, consent, exercise of data subjects’ rights, responsibilities of healthcare Practitioners in the processing of data, data transfer and data sharing.
Othe Committee members present were: Hon. Julius Sunkuli (Kilgoris), Hon. Mary Maingi (Mwea), Hon. Prof. Guyo Jaldesa (Moyale), Hon. Joshua Oron (Kisumu Central), Hon. Anthony Kibagendi (Kitutu Chache), Hon. Cynthia Muge (Nandi County), Hon. Duncan Mathenge (Nyeri Town), Hon. Martin Wanyonyi (Webuye East) and Hon. Pauline Lenguris (Samburu County).
