Confidentiality and Right to Privacy versus Right to Information

The three principles or rights bestowed upon the citizens-Right to Confidentiality, Right to Privacy, and Right to Information-are closely intertwined.The doctor-patient relationship is a fiduciary relationship that is based on trust.One of the primary obligations of a doctor is to maintain confidentiality, that is, not to divulge outside any information gathered from the patient during the course of treatment, from the history the patient confides in the doctor, the clinical examination done, investigation reports, and the diagnosis drawn.Instead, a doctor is pledged to maintain utmost secrecy about them.The Right to Confidentiality is derived from the Right to Privacy.The Right to Privacy itself emanates from the Right to Dignity and Autonomy, which is paramount in a democratic society.This allows the patients to come forward and share all information with the doctor without inhibition or hesitation.However, this Right to Privacy is juxtaposed with the Right to Information which is a right of the public to be informed.This article delves into understanding, through case laws, situations where the Right to Confidentiality and Right to Privacy are taken head-on with the Right to Information.