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National Health Act, 2003 (Act No. 61 of 2003)

Regulations

Regulations regarding the rendering of Forensic Pathology Service, 2007

Protection of Records

 

26.
(1) The person in charge of a designated facility where a post mortem examination was conducted must set up control measures in order to ensure only authorised access to records relating to post mortem examinations and to the storage facility in which records are kept.

 

(2) Any person who—
(a) fails to perform a duty imposed on them in terms of subregulation ( 1);
(b) falsifies any record by adding to or deleting or changing any information contained in that record;
(c) creates, changes or destroys a record without authority to do so;
(d) fails to create or change a record when properly required to do so;
(e) provides false information with the intent that it be included in a record;
(f) without authority, copies any part of the record;
(g) without authority, connects the personal identification elements of a body's record with any element of that record that concerns the body's history;
(h) gains unauthorised access to a record or record-keeping system, including intercepting information being transmitted from one person, or one part of a record-keeping system, to another;
(i) without authority, connects any part of a computer or other electronic system on which records are kept to—
(i) any other computer or electronic system; or
(ii) any terminal or other installation connected to or forming part of any other computer or electronic system; or
(j) without authority, modifies or impairs the operation of—
(i) any part of the operating system of a computer or other electronic system on which a body's records are kept; or
(ii) any part of the programme used to record, store, retrieve or display information on a computer or other electronic system on which a body's records are kept,

commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding one year or both a fine and such imprisonment.

 

27. The person in charge of a designated facility must keep a register in which any file or any part thereof, that is removed from the storage facility is recorded, and in which he or she must enter all particulars of the person authorised to remove such file or any part thereof, purpose, date and time removed and returned and information extracted therefrom.