What is Medical Consent?
Medical consent is a specialized form of consent required in healthcare settings, where individuals agree to medical treatment, surgical procedures, or participation in clinical studies. Its main objective is to ensure that patients have a clear understanding of the procedure, including potential risks, benefits, and alternative options, allowing them to make well-informed decisions about their healthcare. Medical consent prioritizes respect for bodily autonomy and informed choice within medical decision-making.
Example of Medical Consent
When a patient is scheduled for surgery, before the procedure, the surgeon explains the nature of the operation, including how it will be performed, the risks, the potential benefits and any alternatives. The patient is given time to ask questions and consider the information before signing a consent form, confirming their understanding and agreement to proceed. This ensures the patient makes an informed decision and respects their right to bodily autonomy.
What is data protection consent?
This type of consent relates to the collection, processing, and storage of personal data, including health related data. According to the Data Protection Act, individuals are entitled to understand how their data will be used, stored, and shared. The emphasis is on informational self-determination, ensuring individuals have control over their personal data.
Example of data protection consent
When a patient visits a healthcare provider and is asked to fill out a form that includes their personal and health-related information. The medical provider explains that this data will be stored in their electronic records system, used to coordinate care, and may be shared with specialists or insurance companies as necessary. The patient is informed about their rights under the Data Protection Act, such as the ability to access, update, or request the deletion of their data. The patient then signs a consent form explicitly agreeing to the collection, use, and sharing of their information for these purposes, ensuring they retain control over how their data is handled
Distinction between Medical consent and Data protection consent
Although both forms of consent require clear, informed, and explicit approval, they differ in their scope and purpose. Medical consent does not automatically authorize the sharing or storage of medical data for other uses, while data protection consent does not grant permission for medical procedures or treatments.
Medical consent is required for performing clinical procedures and treatments, while data protection consent is needed for handling general health-related information, such as a patient’s name, contact details, address, next of kin, payment information, and medical insurance details.
Conclusion
Medical practitioners should never assume that obtaining consent in one area automatically covers the other. Relying solely on medical consent to justify data collection or assuming that data protection consent suffices for performing medical procedures can lead to legal and ethical violations, as well as breaches of trust with patients. Therefore, it is essential to obtain both types of consent separately and clearly, ensuring compliance with all applicable laws and respect for patient rights.
About us
At Barizi Data Privacy Services (BDPS) we are data privacy consultants with combined expertise in data protection law, cybersecurity and IT. If you or your company are facing challenges with compliance, please contact us at info@bdps.co.ke. To learn more about our offerings, including our subscription-based outsourced Data Protection Officer services, privacy audits and more, visit us on https://bdps.co.ke/
