Patient Rights Policy

What This Means for You

As a patient of Jasmine Pharmacy, you have rights. You have the right to know what personal data we hold about you, to access your prescription records, and to have errors corrected promptly. You have the right to receive your medication accurately and safely, and to be counselled by our pharmacists on how to use it.

We do not make decisions about your care without your knowledge. We do not share your sensitive personal data without lawful authority. We do not use your health information for marketing without your explicit consent.

This policy sets out every right you hold as a patient, caregiver, or legal guardian using our services. It covers your data protection rights under the Kenya Data Protection Act 2019 and your clinical care rights under the Health Act 2017 and the Pharmacy and Poisons Act Cap. 244.

If you are managing medication on behalf of a minor patient, your rights and responsibilities as a guardian are explained fully in Section 4. 

1. Context and Legal Foundation

Jasmine Dental and Medical Centre LLP, trading as Jasmine Pharmacy, is a specialist chronic-care pharmacy regulated by the Pharmacy and Poisons Board (PPB). We act as the data controller responsible for your personal data and are subject to the legal framework described in this section.

Applicable legislation

The Kenya Data Protection Act 2019 (KDPA) governs your rights in relation to the personal data we hold about you, including your identity information, your prescription data, and your patient medication record.

The Health Act 2017 establishes your right to access healthcare services, to be treated with dignity, and to receive accurate and relevant information about your care.

The Pharmacy and Poisons Act Cap. 244 (PPA Cap. 244), applicable regulations made under Cap. 244, and professional standards and guidance issued by the PPB together govern the professional and legal standards to which every dispensing event at Jasmine Pharmacy is held. These instruments underpin your right to safe, accurate, and appropriately counselled pharmaceutical care.

The Computer Misuse and Cybercrimes Act 2018 (CMCA) governs the lawful use of our website and online platform and applies to all users of our digital services.

We are in the process of statutory registration with the Office of the Data Protection Commissioner (ODPC) as required under the KDPA and applicable regulations.

Scope

This policy applies to all patients, caregivers, and legal guardians who interact with Jasmine Pharmacy, whether through our website, online platform, by telephone, or by any other written or electronic channel.

The terms "sensitive personal data," "data controller," "prescribing clinician," and "minor patient" carry the meanings set out in our Privacy Policy and our Medical Disclaimer. They are imported here without redefinition. 

2. Data Protection Entitlements

Under the KDPA, you have eight rights in relation to your personal data. These rights apply to all patients, including parents and legal guardians acting on behalf of minor patients.

We do not use your sensitive personal data, including your prescription records and health information, for any purpose that is not authorised by law or by your explicit consent. We never rely on legitimate interests as a lawful basis for processing your prescription data or any other sensitive personal data.

Right to be Informed

You have the right to know what personal data we hold about you, why we hold it, and how we use it. This policy, read together with our Privacy Policy, fulfils that obligation.

Right of Access

You have the right to request a copy of the personal data we hold about you, including your patient medication record. Your patient medication record is the centralised digital record of your prescription history and dispensing events maintained on our platform.

Right to Rectification

You have the right to ask us to correct any personal data that is inaccurate or incomplete. Where a proposed correction may affect the safety or accuracy of your dispensing records, we will verify the change before applying it.

Right to Erasure

You have the right to ask us to delete your personal data. We will honour this request unless Kenyan law requires us to retain the data, including the minimum retention periods prescribed under PPA Cap. 244 and applicable tax legislation. Where we are unable to erase data due to a legal obligation, we will tell you plainly and explain why.

Right to Restrict Processing

You have the right to ask us to limit how we use your data while we investigate a dispute or consider your objection.

Right to Data Portability

You have the right to receive a copy of your personal data in a structured, commonly used, and machine-readable format (such as CSV or PDF), and to have it transferred to another data controller where technically feasible and required by applicable law.

Right to Object

You have the right to object to any processing of your personal data. You have an absolute right to object to the use of your data for direct marketing. We will not use your sensitive personal data or health information for marketing without your explicit consent, and you may withdraw that consent at any time.

Right Not to Be Subject to Automated Decision-Making

No automated process will make a dispensing decision about your medication. Our pharmacists review every prescription before dispensing occurs.

How to exercise your rights

Submit your request in writing to our Privacy Office at privacy@jdmc.co.ke. Include your full name, your registered contact number, a copy of your national identification document or passport, and a clear description of the right you wish to exercise.

We will respond within fourteen (14) days of receiving your request. Where a request is unusually complex, we may extend this period by a further fourteen (14) days. We will notify you in writing before the original deadline expires and explain the reason for the extension.

For the complete procedural breakdown of how data subject rights requests are processed, including identity verification requirements and the circumstances in which an administrative fee may apply, please refer to our Privacy Policy, available on our website.

3. Clinical Care and Pharmacy Practice Rights

As a patient of Jasmine Pharmacy, you have the following rights in relation to the pharmaceutical care we provide. These rights are grounded in the PPA Cap. 244, applicable regulations made under that Act, and professional standards issued by the PPB.

Right to accurate dispensing

You have the right to receive the medication specified in your valid, verified prescription, dispensed accurately and in full compliance with professional standards and applicable law.

Right to clinical counseling

You have the right to clinical counseling in connection with every dispensing event. Clinical counseling is the formal provision of medication information and safety instructions by a Jasmine Pharmacy pharmacist. This includes information on correct usage, dosage, storage requirements, known interactions, and relevant precautions specific to your prescribed medication.

Clinical counseling is provided to support your safe and appropriate use of your prescribed medication. As described in our Medical Disclaimer, available on our website, clinical counseling does not constitute medical diagnosis, treatment planning, or a substitute for professional advice from your prescribing clinician.

Right to refuse and seek alternatives

You have the right to decline any medication dispensed by Jasmine Pharmacy. You are under no obligation to fill your prescription with us. As set out in our Medical Disclaimer, you have the absolute right to have your prescriptions filled by any licensed pharmacy of your choosing.

Right to accurate record-keeping

You have the right to expect that your patient medication record is maintained accurately, securely, and in accordance with applicable law. Where you identify an error in your dispensing or prescription record, you may exercise your right to rectification as described in Section 2.

Right to confidentiality

You have the right to expect that your prescription information and health data are held in confidence, accessed only by authorised personnel, and shared only in the circumstances set out in our Privacy Policy.

Right to be treated with dignity

You have the right to respectful, non-discriminatory service in all your interactions with Jasmine Pharmacy, whether through our website, online platform, by telephone, or by any written or electronic communication.

4. Rights of Minor Patients and Guardians

A minor patient is any person under eighteen (18) years of age. The provisions in this section apply to all minor patients registered with Jasmine Pharmacy and to the parents or legal guardians responsible for their care.

Consent and registration

A parent or legal guardian must provide explicit written consent before a minor patient is registered with Jasmine Pharmacy and before any prescription is dispensed on the minor's behalf. Registration of a minor patient without verified parental or guardian consent is not permitted.

Guardian access to records

A parent or legal guardian of a registered minor patient may exercise all eight data subject rights set out in Section 2 on the minor's behalf, including the right of access to the minor's patient medication record and the right to request rectification of any inaccurate records.

We will verify the identity and legal authority of any person claiming to act as a guardian before releasing sensitive personal data. Verification requires all of the following:

• A copy of the minor's birth certificate or equivalent legal documentation establishing the relationship
• A copy of the guardian's national identification document or passport
• Where the person requesting access is not a natural parent, documentation establishing legal guardianship (such as a court order or equivalent instrument recognised under Kenyan law)

We share the minimum information necessary in every case. We will not release a minor patient's sensitive personal data to any person whose authority we have not satisfactorily verified.

Transition to adulthood

When a minor patient reaches eighteen (18) years of age, the following applies.

The patient assumes full and independent control of their personal data and their patient medication record from the date of their eighteenth birthday. All requests relating to their records will be handled directly with the patient from that date, and not with any prior guardian, unless the patient provides explicit written authorisation to the contrary.

Prior guardian access to the patient's records is suspended automatically on the patient's eighteenth birthday. A guardian wishing to continue accessing the patient's records after that date must produce written authorisation signed by the patient confirming their consent to continued access.

Where a patient reaches eighteen (18) years of age and has not yet notified us of that transition, they should contact our Privacy Office at privacy@jdmc.co.ke to update their account status and establish direct control of their records.

Retention of minor patient data

We retain minor patient records until the patient reaches the age of twenty-five (25), or for five (5) years from the date of the last interaction, whichever period is longer. This retention obligation arises under applicable pharmacy practice regulations and is described further in our Privacy Policy.

Marketing

We do not use the personal data of minor patients for marketing purposes under any circumstances.

5. Patient Responsibilities

The rights set out in this policy come with corresponding responsibilities. Jasmine Pharmacy can only provide safe, accurate, and lawful pharmacy services where patients and their authorised representatives fulfil the following obligations.

Provide authentic prescriptions

You must submit only valid, authentic prescriptions issued by a qualified prescribing clinician licensed to practise in Kenya. You must not submit a prescription that has been altered, forged, duplicated without authority, or obtained through misrepresentation.

We reserve the right to verify any prescription directly with the prescribing clinician or the issuing healthcare facility. Where we have reasonable grounds to believe a prescription is fraudulent or unlawful, we will decline to dispense and may report the matter to the PPB or another competent authority as required by law.\

Provide accurate personal and clinical information

You must provide accurate identity information, contact details, and (where relevant) clinical history at the time of registration and whenever that information changes. Inaccurate information may result in dispensing errors that could harm your health.

You must notify us promptly of any change to your contact details, your prescribing clinician, or any clinically relevant development (such as new allergies or changes to your medication regimen) that may affect the safe dispensing of your medication.

Maintain account security

You are responsible for maintaining the confidentiality of your account credentials. Do not share your login details with any person other than an authorised caregiver or legal guardian acting on your behalf in accordance with this policy.

If you believe your account has been accessed without your authorisation, contact us immediately at pharmacy@jdmc.co.ke or by telephone on +254 115 524 193.

Act in good faith

You must not use our website, online platform, or pharmacy services for any unlawful purpose, including prescription fraud, identity misrepresentation, or any activity prohibited under the CMCA or any other applicable Kenyan law. 

6. Contact Us

For any question, concern, or request relating to your rights under this policy, contact us using the details below.

For Privacy & Data Protection matters:

JDMC Privacy Office

• Email: privacy@jdmc.co.ke

For General Enquiries & Complaints:

Jasmine Pharmacy

• Email: pharmacy@jdmc.co.ke
• Phone: +254 115 524 193