The interplay between the constitutional right to privacy and the right to access to
information constitute the parameters within which the issue of access to a child’s
medical records is explored. The Children’s Act and the National Health Act provide for
confidentiality pertaining to medical records and encourage participation in decisions
affecting an individual’s health. The question arises whether existing legislation has been
amended to support this right to confidentiality. An inquiry is done to establish if this
right to confidentiality entails that the child is vested with the right to refuse access to his/
her medical records? Current legislative provisions regulating this issue do not provide
a clear answer. Recommendations are made for legislative amendments to bring clarity
on this issue and to ensure that the child’s right to privacy in the health-care context is
optimally protected.Criminal and Procedural La
