National Health Act, 2003 (Act No. 61 of 2003)RegulationsRegulations Regarding the Rendering of Forensic Pathology Service, 201814. Protection of records |
| (1) | The person in charge of a designated facility must set up control measures in order to ensure that only authorised persons have access to records relating to post mortem examinations and to the storage facility in which records are kept. |
| (2) | A person shall be guilty of an offence if he or she:— |
| (a) | fails to perform a duty imposed on them in terms of sub-regulation (1); |
| (b) | falsifies any record by adding to or deleting or changing any information contained in that record; |
| (c) | creates, changes or destroys a record without the authority to do so; |
| (d) | fails to create or change a record when properly required to do so; |
| (e) | provides false information with the intent that it be included in a record; |
| (f) | without authority, copies any part of the record; |
| (g) | without authority, connects the personal identification elements of a body's record with any element of that record that concerns the body's history; |
| (h) | gains unauthorised access to a record or record-keeping system, including intercepting information being transmitted from one person or one part of a record-keeping system, to another; |
| (i) | without authority, connects any part of a computer or other electronic system on which records are kept; or any other computer or electronic system; |
| (j) | without authority, connects any part of a computer or any terminal or other installation connected to or forming part of any other computer or electronic system; or |
| (k) | without authority, modifies or impairs the operation of any part of the operating system of a computer or other electronic system on which a body's records are kept; or |
| (l) | without authority, connects any part of the programme used to record, store, retrieve or display information on a computer or other electronic system on which a body's records are kept; |
| (m) | without authority, divulges or supply any type information about the death investigation processes and decedents to unauthorised parties including the media. |
| (3) | The person in charge of a designated facility must keep a register in which any file or any part thereof, that is removed from the storage facility is recorded, and in which he or she must enter all particulars of the person authorised to remove such a file or any part thereof, purpose, date and time he or she removed and returned it. |