Confidentiality, respect for privacy, and the rights of patients are fundamental to health and health tourism in Guyana

Jan 27, 2025 Letters

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Dear Editor,

I read an article in the Stabroek News on January 22, 2024, titled ‘GRA to probe leak of Terrence Campbell info – businessman threatens lawsuit, says being targeted over criticism of gov’t’. The article stated, ‘The Guyana Revenue Authority (GRA) yesterday said that it will probe the leak of tax information pertaining to Terrence Campbell and the businessman has threatened legal action over the matter and says he is being targeted over his criticism of the government’. As I read the article, I was alarmed that this is a new level of violation of the rights of citizens and a serious breach of trust and confidentiality. I thought about addressing the matter in the public domain and wondered what would happen if this spills over to the medical field and the medical records and information of patients is released into the public by medical institutions and medical personnel.

However, before I could have put pen to paper or fingers to keyboard, I read another article in the Stabroek News on January 24, 2025, titled ‘Brutus shuns summonses from PSC Tribunal – ordered to appear on Monday, doctor recalls medical excuse’. The article stated ‘Embattled Assistant Police Commissioner Calvin Brutus has been summoned for a second time by the PSC [Police Service Commission] Tribunal to answer several charges after failing to show up to yesterday’s scheduled hearing and after tendering a now recalled medical excuse on Wednesday, the original date for deliberations’.

Additionally, in a Kaieteur News article published on January 24, 2025, and titled ‘Tribunal appointed to probe disciplinary charges against Brutus’ stated the following, ‘Despite the commencement of hearings, the Tribunal reported that Brutus failed to attend the scheduled sessions. On January 22, 2025, Brutus submitted a medical certificate claiming that he was suffering from back pain and muscle strain and would be incapable of work for 14 days. He requested that the hearing be rescheduled for a date after February 2, 2025. However, upon summoning the doctor who issued the certificate, the Tribunal was informed that the symptoms described by Brutus were not severe enough to prevent him from attending the hearing either in person or virtually’. The article, ‘In the recall letter dated January 23, 2025, the doctor stated that upon appearing before the Tribunal, he realized that the medical certificate may have been used to avoid appearing at the inquiry. “Mr. Brutus’ current condition does not incapacitate him mentally or confine him to bed,” the doctor stated. He further explained that he was unaware that Brutus was scheduled to appear on January 22, 2025, when he issued the certificate’.

In the Ministry of Health Act No. 6 of 2006, Under Functions of the Minister, Article 4. states that ‘Subject to the generality of the list of duties assigned and gazetted, the Minister shall discharge the following functions – 4 (g) obtain information from the Medical information Systems and statistics for the purposes of the Ministry and disseminate such information within an effective communication network in such manner so as not to disclose the personal information of any person…’ Article 4 (o) states … ‘facilitate the regulation of the health care professionals in a consistent and coordinated manner in the public interest, that appropriate standards of practice are developed and maintained, that individuals have access to services provided by health care professionals of their choice and that they are treated with sensitivity and respect in their dealings with health care professionals and the councils and bodies that regulate them…’

Editor, it must be of grave concern to every citizen, members of the government, the Opposition, the business community, the international medical organisations, international and local human rights associations, the international community as a whole, among others that a Tribunal that was set up by the Police Service Commission, this is not the court, not a judge, can summon a medical doctor to violate the rights of his patient and reveal the medical information of a patient without the consent of that patient.  This is not about alleged crimes committed by Calvin Brutus, or the personality, but rather about the principle and right of citizens to privacy as it relates to their medical information and records. Essential to the oath taken by medical doctors and medical professionals, is to protect the medical information of patients. It is also a core responsibility of medical institutions to protect the medical records and information of their patients.

The government is promoting Guyana as a health tourism destination, health tourism must be built on respect for confidentiality and respect for the right to privacy of patients. If a Tribunal or people in power, not by an order of court or an order by a judge, can summon a medical doctor to access or discuss the medical information of citizens, and release such medical information in the public domain, then this is a serious erosion of the fundamental rights of citizens and trust and confidentiality of medical professionals and medical institutions in Guyana. Editor, I am very disappointed and disgusted by this occurrence, this is a profoundly serious matter. This PSC Tribunal has crossed an extremely sensitive line.

This is not the society we want and must encourage. Editor, there is speculation in the public domain that the government is trying to use Auditors for companies to access financial and other information for companies, in cases either of their opponents or people who oppose them or other; auditors must be aware of the confidential nature of their profession. Can you imagine what a society we will have if the Guyana Revenue Authority or its operatives, are allowed to breach the confidentiality of citizens and release their tax information into the public domain, or the hospitals, medical institutions, and doctors can be summoned by tribunals, powerful people or other, to release medical information on their patients with the intention to cause harm?

Where is the Guyana Medical Association, the academic medical institutions, international health organisations to speak out and up on this matter? Where is the Shadow Minister of Health for the Opposition in condemning this act? We must nip this in the bud. Our doctors and medical professionals must not be intimidated into behaving unprofessionally!

Despite our challenges as a country, there is still some degree of professionalism, dignity, and integrity in our institutions. President Ali, at some point you have to say this will not happen under my watch! This is moving Guyana in a dark direction. It is dehumanizing the citizenry. The Police Service Commission must never again think that it can summon a medical doctor to release medical information on their patients without the patient’s permission or an order from the court. Did Mr. Brutus give the doctor permission to release his medical information to the Tribunal? If not, then the doctor must revert to his original diagnosis of his patient and the Tribunal must respect the medical certificate. It is a violation of Brutus’ rights to privacy, etc. Failing which the Guyana Medical Association must hold a Tribunal to discipline the doctor for revealing his patient’s medical information without his consent or an order of the court.

God help us all as citizens and patients if the state can coerce medical professionals and institutions not only to access medical information of citizens but release them into the public domain to cause harm or have similar result. Additionally, THIS DEVELOPMENT OF GRA PERSONNEL RELEASING TAX INFORMATION FOR CITIZENS AND MEMBERS OF THE BUSINESS COMMUNITY, POSSIBLY THROUGH COERCIVE MEASURES FROM THE STATE, MUST STOP NOW!

Sincerely,

Citizen Audreyanna Thomas

Advisor – Rule of Law – Masters of Jurisprudence – Rule of Law for Development

(Confidentiality, respect for privacy, and the rights of patients are fundamental to health and health tourism in Guyana)

(Confidentiality)

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• confidentiality, lawsuit, Ministry of Health, PSC Tribunal, Terrence Campbell

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