ADEQUACY OF THE LEGAL SAFEGUARDS OF THE PATIENTS’ CONFIDENTIALITY RIGHT UNDER THE SAUDI ARABIAN LAWS

The concept of patient confidentiality is nearly as old as the practice of health professions and has evolved over the years, from one jurisdiction to the other. The duty of patient confidentiality can be a fundamental human right, an ethical duty, or a legal duty. Under the Saudi Arabian jurisdiction, the concept of patient confidentiality has evolved around its Shari’ah-based (Islamic) legal culture, its history, and the concept of universality of human rights. Patient confidentiality is gaining global attention as a result of rising cases of confidentiality breach incidents. This study examines the adequacy of the safeguards against such breaches under the Saudi Arabian legal system. The aim is to advocate for a model that protects patients and will be compatible with the tenets of the Shari’ah. The study reviews the literature on patient confidentiality and the need for healthcare practitioners to ensure that they protect patients’ private information. The study also explores the circumstances under which a patient’s private information may be disclosed. The research identifies that Saudi Arabia does not have a holistic framework for the protection of patient confidentiality as several of the laws are deficient. There is also a lack of dedicated legislation aimed at safeguarding patient confidentiality. The research reviews laws, the extant literature on patient confidentiality, and a variety of other sources. The recommendations of the study are hinged on two theories namely: human rights in Islam and human rights inpatient care. The research adopts the practice in Europe and the triple tests upheld by the European Court of Human Rights for insights into how a framework for patient confidentiality in Saudi Arabia can be modeled. The study supports a liberal interpretation of Shari’ah sources to ensure that law remains dynamic and provides solutions to the challenges of an evolving society.