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Mental Health Care Act, 2002 (Act No. 17 of 2002)

Chapter III : Rights and Duties relating to Mental Health Care Users

13. Disclosure of information

 

(1) A person or health establishment may not disclose any information, which a mental health care user is entitled to keep confidential in terms of any other law.

 

(2) Despite subsection (1), the head of the national department, a head of provincial department or the head of a health establishment concerned may disclose such information if failure to do so would seriously prejudice the health of the mental health care user or of other people.

 

(3) A mental health care provider may temporarily deny mental health care users access to information contained in their health records, if disclosure of that information is likely to –
(a) seriously prejudice the user; or
(b) cause the user to conduct himself or herself in a manner that may seriously prejudice him or her or the health of other people .