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Publishing the photograph of a patient without his consent is a violation of patient privacy

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eMediNexus    29 June 2021

Publishing a patient’s photograph, even for academic purposes, without his consent, is unethical.

Patients have the right to privacy and confidentiality of information in all communications and records related to their illness. MCI Ethics Regulation 7.17 does not allow a registered medical practitioner to publish photographs or case reports of patients without taking their permission, even in a medical or other journal, in a way by which their identity could be revealed. If the identity is not to be disclosed, then the consent is not required.

The WMA 2005 Declaration of Lisbon on the Rights of the Patient states that all identifiable information about a patients health status, medical condition, diagnosis, prognosis and treatment and all other information of a personal nature has to be kept confidential, even after death. It is not allowed to disclose any confidential information unless the patient gives explicit consent or if expressly provided for in the law. Information can be disclosed to other healthcare providers strictly on a "need to know" basis, unless the patient has given explicit consent.

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