The Health Department has vowed to defend the right not to hand over private medical records of listeriosis patients to lawyers acting for Tiger Brands, reports Times Select. Tiger Brands wants the names and health information of every patient who contracted listeriosis, including what other diseases they had and autopsy information, the news site says.

In April, Tiger Brands used a Promotion of Access to Information request for the data of the 967 patients, reported or identified since 2017, from the National Health Laboratory Service, according to Tiger Brands spokesperson Nevashnee Naiker.

Health Minister Aaron Motsoaledi said: 'Ordinarily it is not allowed by law. People won't go to hospital if they know their records will be given to a third party. We will have to check with lawyers if we are obliged to give them the data.'

An expert in medical law reportedly explained that when people access health facilities they do so knowing their medical information will be kept private 'and not handed over to a food producer'. The National Health Act stipulates that 'all information concerning a user, including information relating to his or her health status, treatment or stay in a health establishment, is confidential'.

Information may be shared, however, if the user consents to the disclosure in writing; a court order or any law requires disclosure; or where the non-disclosure of the information represents a serious threat to public health. Tiger Brands said the reason it needed the data was to check the claimants were legitimate. Naiker said: ' ... Tiger Brands may have grounds for a request (for patient names) in terms of PAIA. However, the department may also have grounds for the refusal. Discussions between Tiger Brands' lawyers and the class-action lawyers are ongoing, attorney Richard Spoor said.

Full Times Select report