Editor's Review

The medical association observed an increasing trend of politicians and public figures invading the privacy of patients in hospitals.

The Kenya Medical Association (KMA) has raised concerns over the breach of privacy in hospitals by politicians and other public figures.

In a statement on Friday, May 8, the doctors’ umbrella association noted a growing trend of politicians, public figures, and members of the public staging photo sessions, live broadcasts, and media events inside healthcare facilities for political mileage or personal publicity.

While denouncing the practice, KMA stressed that patients were being exploited for selfish interests.

"Such actions are neither advocacy nor service, they are exploitative practices that undermine the rights to privacy, confidentiality, and respectful care. Medical workspaces should be respected and given the dignity they deserve," it said.

The breaches of patient privacy contravene several legal and ethical frameworks, the association argued.

Kisii governor Simba Arati visiting patients in Kisii Teaching and Referral Hospital.

It cited the provisions in the constitution, specifically Articles 28 and 32, which guarantee every individual’s right to dignity and privacy, and the Data Protection Act, 2019, which categorises health data as sensitive personal information, and recording or broadcasting a patient’s image or condition without explicit informed consent violates multiple provisions of the Act, enforceable by the Office of the Data Protection Commissioner.

"The Health Act, 2017, further enshrines statutory rights to privacy, confidentiality, and dignified treatment.," it said.

According to the association, patients in hospitals, particularly in public facilities, who are economically disadvantaged and unaware of their rights, remain especially vulnerable to such exploitation.

KMA demanded that politicians and public figures immediately stop holding media events, photo opportunities, and live streams inside clinical and patient-facing areas of any health facility.

"Health facility administrators must enforce strict no-filming policies, require informed consent for any photography involving patients, and designate staff with the authority to penalise any visitor, regardless of status, who compromises patient dignity," it said.

The association urged the KMPDC to issue a formal directive clarifying that facilitating political filming in clinical settings amounts to professional misconduct and must investigate reported cases.

KMA also involved the Office of the Data Protection Commissioner, seeking its intervention to punish those perpetuating the practice.

"The ODPC must investigate incidents in the public domain and publish enforcement guidance specific to patient data in healthcare settings," it said.

KMA called on both national and county governments to enact regulations explicitly criminalising the filming or broadcasting of patients without documented informed consent.