Abstract

In the contemporary digital age, the traditional principles of doctor–patient confidentiality face increasing challenges due to rapid technological advancements. This research explores the ethical and legal implications of maintaining confidentiality in healthcare, specifically focusing on electronic health records (EHRs), telemedicine and the burgeoning use of big data. It critically examines the ways in which these technologies, while possibly enhancing the efficiency of healthcare delivery, also introduce substantial risks to patient privacy and trust. The study analyses South African constitutional provisions alongside relevant international conventions and legislative frameworks that govern the right to privacy. This includes a detailed evaluation of cybersecurity measures and the ethical guidelines necessary to navigate these challenges. Through a comprehensive review of the case law and statutory obligations, this research provides strategies for healthcare providers to uphold confidentiality, ensure informed consent and balance the benefits of technological innovation against the imperative to protect sensitive patient information. Furthermore, a comparative analysis of the South African healthcare system and the Cuban healthcare system is presented to offer a broader perspective on maintaining doctor–patient confidentiality in diverse socio-economic contexts.