Medical Records Under Nigerian Law: A Critical Appraisal of Patient Autonomy, Privacy, Confidentiality, Data Protection and Access to Justice

Eric Efe Ughumiakpor; Flora Ejiro Aghogho; Oghenemine Stephen Onoriose

doi:10.58709/niujls.v12i3.2664

Eric Efe Ughumiakpor Faculty of Law, Dennis Osadebay University, Asaba, Delta State, Nigeria
Flora Ejiro Aghogho Faculty of Law, Dennis Osadebay University, Asaba, Delta State, Nigeria
Oghenemine Stephen Onoriose Special Assistant to the Honourable Attorney General and Commissioner of Justice, Delta State, Nigeria

DOI: https://doi.org/10.58709/niujls.v12i3.2664

Abstract

Medical records are simultaneously instruments of clinical care, repositories of sensitive personal information, evidence of treatment, and potential evidence in medical-negligence proceedings. Their accessibility therefore implicates patient autonomy, informed decision-making, continuity of care, privacy, confidentiality, data protection and access to justice. Nigerian law does not, however, provide a single and comprehensive statutory regime governing patients’ access to medical records. Relevant norms are dispersed across the Constitution of the Federal Republic of Nigeria 1999 (as amended), the National Health Act 2014, the Patients’ Bill of Rights, the Nigeria Data Protection Act 2023 (NDPA), the Freedom of Information Act 2011, the Evidence Act 2011, professional ethical rules and the common law. This article critically examines the interaction of these regimes and argues that Nigerian law now recognises a substantive, though procedurally incomplete, right of patients to access personal health information. The article distinguishes custody of the physical record from legal interests in the information it contains; analyses confidentiality, therapeutic privilege, third-party information, minors, persons lacking capacity, deceased patients and electronic records; and considers the evidentiary significance of access in negligence litigation. Comparative lessons are drawn principally from the United Kingdom’s subject-access framework. The article concludes that the principal Nigerian deficit is not the absence of a right but its fragmentation and weak procedural enforcement. It proposes a unified statutory regime providing for inspection, copies, explanation, correction, secure electronic portability, prescribed response periods, proportionate fees, reasons for refusal, redaction and independent review.

Keywords: Medical records; patient autonomy; privacy; confidentiality; data protection; patient rights; medical negligence; access to justice.