Adv Ch Shahid Bhalli

Rights of Minors to Confidentiality in Guardianship and Wards Act

As per Lawkidunya, The Guardians and Wards Act, 1890 in Pakistan recognizes the rights of minors to confidentiality. Here are some key aspects:

Rights of Minors to Confidentiality

1. Medical Confidentiality: Minors have the right to confidentiality regarding their medical information, including medical history, diagnosis, treatment, and test results.
2. Personal Information: Minors have the right to confidentiality regarding their personal information, including their address, phone number, and email address.
3. Educational Records: Minors have the right to confidentiality regarding their educational records, including academic performance, attendance, and disciplinary records.
4. Communication with Guardian: Minors have the right to confidentiality regarding their communication with their guardian, including letters, emails, and phone calls.

Limitations on Disclosure of Confidential Information

1. Court Orders: Confidential information about a minor can only be disclosed with a court order or the minor’s consent.
2. Authorized Persons: Confidential information about a minor can only be disclosed to authorized persons, such as the minor’s guardian, parents, or healthcare providers.
3. Necessary Disclosure: Confidential information about a minor can only be disclosed if it is necessary to protect the minor’s health, safety, or well-being.

Rights of Minors to Access Their Own Records

1. Right to Access: Minors have the right to access their own records, including medical, educational, and personal records.
2. Restrictions on Access: Minors’ access to their own records can be restricted if it is deemed not to be in their best interests.

Remedies for Breach of Confidentiality

1. Court Action: Minors or their guardians can take court action if confidentiality is breached.
2. Complaint to Authorities: Minors or their guardians can complain to the relevant authorities or institutions if confidentiality is breached.

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