Kikuyu Member of Parliament Kimani Ichung'wah has proposed a Ksh500,000 fine and 15 years in jail for anyone who violates a person's medical records.
In a new bill tabled in parliament, the Digital Health Bill 2023, Kimani calls for the establishment of the Comprehensive Integrated Health Information System that will hold medical records for 20 years or more if required.
The system shall operate as a point of collection, collation, analysis, reporting, storage, usage, sharing, retrieval, or archival of data related to the state of physical or mental health of people.
Kimani further explained that the Health Cabinet Secretary will be in charge of ensuring the protection of the data and authorise any access to it.
However, anyone who tampers with the data abuses a privilege, discloses inauthentic access to the data, loses or steals data will be committing an offense.
Further, anyone who unintentionally shares sensitive personal data with an unauthorised party commits an offense and is liable to a fine, imprisonment, or both.
"The bill seeks to provide for a framework for the provision of digital services; to establish a comprehensive integrated digital health information system, data governance and protection of personal health information, service delivery through digital health interventions, e-waste disposal, health tourism," Ichung'wah stated.
According to the bill, the CS will also be in charge of overseeing the disposal of the records and other e-waste material.
All data stored in the system shall not be disclosed to a third party unless the data subject is being treated in an emergency situation, and the disclosure has been authorised by written court order among other requirements.
The CS is guided to establish security measures in the system to protect sensitive personal data.
"The CS shall establish a national health data bank and designate county health data banks, store the health data submitted to the system in the national health data bank, and establish seamless integration and interoperability of the national health data bank with other relevant data," reads part of the bill.
The bill also calls for the establishment of the Digital Health Agency, which operationalizes and maintains the system.
It shall also advise the CS on matters related to digital health, ensure data portability, and certify digital health solutions based on best practices and standards among other roles.
