HAPCAHistorical Aircraft Procurement Cost Archive
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Section 14 of the HAPCA provides that, 'No person shall undertake an HIV test in respect of another person except: (a) with the informed consent of that other person.'
Even though the hospitals have always been ordered to pay hefty costs and damages, the tribunal regrets that the absence of privacy guidelines contemplated by section 20 of HAPCA is gravely injurious to the interests of medical doctors and medical institutions.
This is because in the absence of such guidelines, it is extremely difficult to share records, documents, forms or any other material from which HIV result or status of a patient can reasonably be inferred, with third parties - either within the hospital or with outsiders - without violating sections 18, or 22 of HAPCA.