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Your rights

Confidentiality and your rights in reproductive healthcare

Who can find out about your reproductive healthcare, what South African law says about consent and privacy, and practical ways to keep your enquiry private.

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Key points

  • Your identity as someone who has requested a termination is confidential by law.
  • Only your own consent is required.
  • Health information has special protection under POPIA.
  • You can ask any provider how your information is handled.

Why this matters

Worry about who might find out is one of the most common reasons people delay seeking reproductive healthcare. Knowing your rights makes it easier to get information early, when you have the most options.

This article is general information, not legal advice.

Your identity is protected

The Choice on Termination of Pregnancy Act provides that the identity of a woman who has requested or obtained a termination of pregnancy must remain confidential at all times, unless she herself chooses to disclose it.

In other words, it is your information to share, and nobody else’s.

Under the same Act, a termination may take place only with the informed consent of the pregnant woman, and no other person’s consent is required. A partner, spouse, parent or employer has no legal right to be asked or told.

If you are under 18, a clinician must advise you to consult a parent, guardian, family member or friend. The Act states that a termination may not be denied because you choose not to.

Your health information

South Africa’s Protection of Personal Information Act (POPIA) treats information about a person’s health as “special personal information”, which may only be processed in limited circumstances. Among other things, organisations are expected to collect only what they need, keep it secure, and tell you what they do with it.

You have the right to ask an organisation what personal information it holds about you. Complaints about how personal information is handled can be made to the Information Regulator.

Questions you can ask any provider

  • Who will see my information?
  • How will you contact me, and can I choose the method?
  • Will anything be posted or sent to my home address?
  • How long do you keep my records?
  • Who is your Information Officer?

A trustworthy provider will answer these without hesitation.

Practical steps to keep an enquiry private

  • Choose your channel. Decide whether WhatsApp, a phone call or email is safest for you, and say so.
  • Think about shared devices. Clear your browsing history or use a private browsing window. Messages and call logs can be deleted too.
  • Use the quick exit. This website has a “Quick exit” button at the top of every page that immediately leaves the site.
  • Say less in writing. You do not need to put medical details in a first message. “I’d like to speak to someone” is enough.

How MedStar handles your enquiry

Our enquiry form does not store what you type on this website; it opens WhatsApp or your email app on your own device. The details are in our privacy notice.

Sources and further reading

  1. Choice on Termination of Pregnancy Act 92 of 1996 (as amended). Republic of South Africa.
  2. Protection of Personal Information Act 4 of 2013. Republic of South Africa.
  3. Information Regulator (South Africa). Information Regulator.
  4. General Ethical Guidelines for Good Practice in Telehealth (Booklet 10). Health Professions Council of South Africa.

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