Protecting the Patient’s Data in the 21st Century Healthcare Industry: Is the African Continent Ready for the Digital Space?

Abstract

To ensure proper healthcare services and automation, including
minimising medical errors and providing faster and more
efficient healthcare, the medical field is experiencing innovative
technological trends. They include automated patient records,
hospital management system software, telemedicine, and the
use of artificial intelligence devices. These innovations exist in
more than just the global north, as they are slowly finding
residence in African countries. Focusing on automated patient
record, the article examines existing data protection legal
frameworks in Africa to ascertain whether they provide
effective remedy mechanisms patients can access should a
breach occur. Taking cognisance of the current African
Continental Free Trade Area Agreement (AfCFTA) aimed at
creating a single market for goods and services; it is evident that
healthcare services might have a continental approach. Thus,
the article adopts a continental, regional, and national
perspective. Using doctrinal method, the article compares the
African Union Data Protection Convention with the European
Union General Data Protection Regulation to draw lessons
from the European Union Experience. The article finds that
strengthened national mechanisms might provide the requisite remedy mechanisms patients can access to ensure enforcement
of their rights to data protection.