• Beyond Life: Rethinking Posthumous Medical Confidentiality and Public Interest in Nigerian Law

    Beyond Life: Rethinking Posthumous Medical Confidentiality and Public Interest in Nigerian Law

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    Ibukunoluwa Pitan and Dr. Afolasade Adewumi, in their article, Beyond Life: Rethinking Posthumous Medical Confidentiality and Public Interest in Nigerian Law, interrogates the law on medical confidentiality after death in Nigeria. Although Nigerian law recognises medical privacy as a core component of patient autonomy during life, its constitutional, health, and data protection frameworks remain largely indifferent to whether this duty survives biological death. Adopting a doctrinal and comparative methodology, Pitan and Adewumi analyses the Constitution of the Federal Republic of Nigeria 1999 (as amended), the National Health Act 2014, and the Nigeria Data Protection Act 2023 to demonstrate that Nigeria’s prevailing ‘living-centric’ approach produces a legal vacuum in which the medical records of deceased persons are exposed to unauthorised disclosure, digital exploitation, and public curiosity. Drawing on comparative jurisprudence and contemporary Nigerian experiences, Pitan and Adewumi argues that the continued reliance on the common law doctrine of actio personalis moritur cum persona is incompatible with the realities of modern health data, genomic research, and digital media. Pitan and Adewumi concludes by proposing a reform framework that establishes a statutory post-mortem right of confidentiality, conferring enforceable standing on personal representatives, and recalibrates the public interest exception to safeguard posthumous dignity and the derivative privacy interests of surviving relatives.

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  • Regulatory Considerations for Telemedicine in Nigeria

    Regulatory Considerations for Telemedicine in Nigeria

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    Nwanneka Okwe, in her article, Regulatory Considerations for Telemedicine in Nigeria, examines the critical legal considerations for digital healthcare providers, entrepreneurs and patients seeking to harness the diverse benefits of telemedicine in Nigeria. Through a detailed analysis of existing regulations, Okwe highlights the current regulatory landscape, and proposes possible ways to address intellectual property, consents, data protection, tax, sector regulatory, licensing and damages concerns relating to the practice of telemedicine including the need for guidelines in Nigeria. The existing legislation largely addresses some of these concerns except training, damages and practice restrictions.

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