Revised Laws of Saint Lucia (2023)

PART 6
COLLECTION OF HEALTH INFORMATION

50.   Collection of health information

  1.  

    (1)   For the purpose of securing and protecting the health, safety or welfare of a person, the Ministry shall collect health information under this Act.

  1.  

    (2)   Where the Ministry collects health information directly from a person, the Ministry shall at the time of collecting the health information ensure that the person is informed, in a language that he or she understands, of —

    1.  

      (a)     the fact that the health information is being collected;

    1.  

      (b)     the purpose for which the health information is being collected;

    1.  

      (c)     the intended recipients of the health information;

    1.  

      (d)     the name and address of the Ministry responsible for health;

    1.  

      (e)     the mandatory supply of the health information by the person;

    1.  

      (f)     the consequences for the person if all or any part of the requested health information is not provided or false health information is provided;

    1.  

      (g)     whether or not the health information collected will be further processed and whether or not the consent of the person is required for the further processing; and

    1.  

      (h)     the person's right of access to, the possibility of correction of and destruction of, the health information to be provided.

  1.  

    (3)   The Ministry shall not be required to comply with subsection (2) —

    1.  

      (a)     in respect of a person where —

      1.  

        (i)     compliance with subsection (2) in respect of a second or subsequent collection will be to repeat, without any material difference, what was done to comply with that subsection in respect of the first collection, and

      1.  

        (ii)     not more than 12 months have elapsed between the first collection and the second or subsequent collection.

    1.  

      (b)     where —

      1.  

        (i)     compliance is not reasonably practicable at the time of collection, but the Ministry responsible for health makes available to the person all the relevant information specified in subsection (2) as soon as practicable, or

      1.  

        (ii)     the health information is used in a form in which the person cannot or could not reasonably expect to be identified.

  1.  

    (4)   Where health information is not collected directly from the person, the Ministry shall ensure that the person is informed of the matters specified in subsection (2).

  1.  

    (5)   Subsection (3) does not operate to prevent a second or subsequent collection from becoming a first collection where the Ministry has complied with subsection (2) in respect of the second or subsequent collection.