Overview | Legislation to Note | Professional Guidelines | Clinical Use Cases  | Integrating WhatsApp into Clinical Settings | Special Considerations | Conclusion |  References 

 
 

Overview


In South Africa, as with many developing countries, WhatsApp is fast emerging as one of the most widely used messaging platforms in healthcare.  

A 2020 study conducted into the usage of smart devices amongst medical practitioners in Universitas Academic Hospital in Bloemfontein found that at least 87% of clinicians use WhatsApp in their practice when communicating with their colleagues, including acquiring second opinions or sharing patient information.  Almost a quarter (24.8%) of those respondents communicated with patients through a smart device.22

While WhatsApp's convenience cannot be denied, its use in healthcare raises significant legal, ethical, and professional concerns, particularly regarding patient confidentiality and privacy.

This article offers an overview of the legal and ethical frameworks governing WhatsApp use in South African healthcare, highlighting healthcare professionals' responsibilities for legal and ethical compliance. It discusses practical use cases and associated challenges, detailing the implications for healthcare providers when implementing and utilising WhatsApp effectively in clinical practice settings.

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What Laws Govern Social Media  Use In South Africa?



While social media is not specifically legislated in South Africa, various laws regulate its use. Healthcare practitioners need to understand how these regulations impact their daily practice. Below is a high-level review of the most important of these regulations. 

 

To access the information in each section, please click the downward arrows. Clicking the arrow again will collapse the information.

 

The Protection of Personal Information Act (POPIA) is the primary legal framework governing the protection of personal data in South Africa. It ensures lawful processing and secure storage of personal information with appropriate consent. Healthcare providers must ensure patient information is secure, even when using encrypted platforms like WhatsApp, and implement additional measures like password protection and regular software updates. 1
 

The National Health Act outlines patient rights such as confidentiality, informed consent, and participation in healthcare decisions. It mandates the secure maintenance of health records and prevents unauthorized access or alterations.2
 

The Health Professions Act sets professional conduct standards and requires confidentiality in patient communications, regardless of the medium used. 3,4
 

The Electronic Communication and Transactions Act (ECTA) governs electronic transactions and may impact the use of WhatsApp in healthcare. It focuses on digital signatures and online contracts, relevant for secure communication in clinical practice.5
 

Additional legislation that may impact the use of social media includes, but are not restricted to: 
  • Films and Publications Amendment Act, 2019
  • Labour Relations Act, 1995
  • Medical Schemes Act, 1998
  • Promotion of Equality Act, 2000
  • Protection from Harassment Act, 2011
  • Regulation of Interception Act, 2002


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The Key Healthcare Professional Guidelines

Healthcare practitioners in South Africa must adhere to key guidelines set by the Health Professions Council of South Africa (HPCSA) when using WhatsApp and other digital tools in clinical practice. These guidelines prioritise patient confidentiality and the ethical use of digital platforms.

Practitioners are advised to consult their institutions, professional associations, or regulatory bodies for specific policies on WhatsApp use to ensure compliance. Below is a summary of the most important HPCSA guidelines governing the use of social media by practitioners.



To access the information in each section, please click the downward arrows. Clicking the arrow again will collapse the information.

 

 

These guidelines were designed to help healthcare professionals navigate the ethical complexities of social media use, including platforms like WhatsApp.

They emphasise protecting patient confidentiality, securing consent before sharing any patient information, and ensuring that any communication is professional and respectful.

The guidelines also warn against oversharing personal information online or engaging in unprofessional conduct that could damage the patient-doctor relationship.11
 

This booklet outlines the core ethical responsibilities of HCPs and highlights the importance of maintaining professional behaviour both in person and online.

It stresses the need for healthcare providers to respect patient autonomy, uphold confidentiality, and communicate clearly to ensure that patients understand their treatment options.9
 

This document provides the legal framework that governs the ethical behaviour of HCPs in South Africa. It outlines specific rules related to professional conduct, including how patient information should be handled across all forms of communication, including WhatsApp.7
 

Booklet 5 focuses on safeguarding patient information. It specifies that HCPs must ensure patient data is kept private at all times, including when using digital tools like WhatsApp.

It highlights that only authorised individuals should have access to patient data, and patient consent must always be obtained before sharing their information.8
 

This guideline addresses the ethical considerations for using telemedicine and electronic platforms, such as WhatsApp, in patient care.

It emphasises the need for secure data transmission, proper communication documentation, and ensuring that digital interactions are as thorough and professional as face-to-face consultations.9
 

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Applications for WhatsApp in Clinical Practice


Understanding the potential applications of WhatsApp can help healthcare professionals integrate it more effectively into clinical practice, enabling them to identify both its benefits and associated risks.

Applications for Professionals

WhatsApp has become a versatile tool in healthcare, supporting various aspects of clinical practice.

Its most popular use is to facilitate care coordination by enabling healthcare professionals to quickly exchange updates, plan treatments, and collaborate across specialities, reducing delays compared to traditional communication methods. It is also widely used for consultations and second opinions.

It allows providers to share clinical images, test results, and patient information, especially when specialist input is needed or when in-person consultations are impractical, such as in rural or underserved areas.

Additionally, WhatsApp has gained popularity in medical education and knowledge sharing, with academic institutions and specialty groups using it for discussions on new research, clinical guidelines, and case studies. It is also used to host virtual journal clubs, promoting continuous professional development.

 

In emergency response,  WhatsApp has proved invaluable. During disasters and emergencies, it enables rapid communication, coordination of resources, and real-time updates, leading to a more efficient and coordinated response that enhances patient outcomes.

For research, especially in low- and middle-income countries (LMICs), WhatsApp aids real-time data collection, medication monitoring, and maintaining engagement with diverse and mobile populations, supporting healthcare continuity and adherence in challenging settings.

Lastly,  WhatsApp facilitates professional networking by connecting clinicians across geographical boundaries through speciality-specific groups, promoting the exchange of insights and best practices, and ultimately contributing to improved patient care and professional growth.



Applications for Patient Services
WhatsApp offers healthcare providers instant access to real-time communication with patients. It allows quick responses to questions, clarifications on treatment plans, and timely follow-up reminders. This immediacy reduces response wait times, enhancing patient satisfaction, particularly in non-urgent situations.

The platform also boosts patient engagement by enabling easy communication. Patients can seek clarity on medication instructions, share symptoms, or send medical reports. This interactive exchange fosters a more collaborative relationship, which can improve adherence to treatment plans and lead to better health outcomes.


In remote or underserved areas, WhatsApp serves as a valuable telemedicine tool, reducing the need for travel and improving access to care. Additionally, its cost-effectiveness benefits both patients and providers by minimizing expenses associated with traditional communication methods, such as phone calls, especially for long-distance consultations. 
 

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Incorporating WhatsApp into your clinical practice requires a structured approach that balances clinical efficiency with ethical and legal compliance requirements.

Below are some considerations you should be aware of, together with suggestions for implementing the platform into your every day practice.


 
1.  Establish Clear Communication and Process Guidelines for WhatsApp Use within your Practice

Before integrating WhatsApp into your practice, it's important to establish clear guidelines for how and when the platform should be used. Some key points to consider include:
 
Purpose of WhatsApp Communication
Define what types of communication are appropriate for WhatsApp within your practice. For example, will it be used for non-urgent inquiries, follow-up questions, appointment reminders, or simple clarifications about treatment?

WhatsApp should not be used as the primary platform for detailed consultations, especially for complex or urgent medical issues that require an in-person assessment.
 
Response Time and Availability 
It's crucial to set clear expectations with patients about when they can expect responses to their WhatsApp messages. Healthcare providers should communicate their availability, ensuring that patients understand that WhatsApp is not a platform for emergency care.

Automated replies can be set up to inform patients of the provider's working hours and direct them to emergency services if needed.

 
Professional Communication Guidelines
All communication with colleagues and patients should remain professional and focus strictly on clinical matters. Clear guidelines help maintain consistent, respectful, and effective communication across all interactions.

It's advisable to establish guidelines to manage tone and content, including:
Use emojis, slang, and overly familiar language sparingly to prevent misinterpretation.
Avoid abbreviations, jargon, and colloquial terms that could lead to misunderstandings.
Communicate in accessible language with patients while maintaining professionalism, limiting complex medical terminology unless it has been explained previously.
 
Designating a Contact Person
In practices with multiple providers, designating a specific individual—such as your practice manager, administrative staff member, or dedicated coordinator—to handle WhatsApp communications can improve efficiency and remove many of the issues surrounding the platform's use..17

For example, your group contact person or administrator can manage non-urgent queries, direct important messages to the appropriate healthcare professional, and facilitate tasks such as appointment setting, ensuring that communication is streamlined and handled consistently.
 
Tracking and Documenting Communication
A significant challenge when using WhatsApp in healthcare settings is that conversations are not automatically integrated into the patient's formal medical record. To address this, healthcare providers should establish a process to document key WhatsApp interactions.

Key clinical decisions or significant information shared via WhatsApp should be transcribed into the patient's official record. Relevant screenshots or downloads of the conversations can be added to the file if needed, ensuring confidentiality is maintained throughout the documentation process.
 
Training and Policy Implementation
Your staff should be trained on the guidelines and the legal and ethical responsibilities regarding the use of WhatsApp so as to ensure your practice remains compliant. This includes understanding what information can be shared and how it should be protected.19

 

2.  Obtain Patient Consent 
 

Before using WhatsApp for patient communication, healthcare providers must secure the patient's informed consent. 

While WhatsApp is convenient, some patients may be uncomfortable with digital tools due to privacy or accessibility concerns.

Providers should:
Respect patients' preference for traditional communication methods, like phone calls or in-person visits.
Ensure patients feel unpressured and supported in their decisions.
Address any concerns non-judgmentally.
 
A written consent form should outline the communication scope, response times, and risks and be signed by the patient. This consent should be documented in the patient's medical record for future reference.

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3. Ensure Patient Confidentiality & Privacy


Patient confidentiality is the key consideration when Implementing WhatsApp in your practice. 

When using WhatsApp to communicate about patient care, healthcare professionals must ensure that no identifiable patient information is shared unless necessary and consent has been obtained.
This includes avoiding the use of patient names, medical record numbers, or any information that could be used to identify a patient.20
 
According to Section 14 of the National Health Act, an HCP may disclose a patient’s information only under specific conditions: with the patient’s consent, if required by a court order, or if withholding the information would cause serious harm to public health. For patients under the age of 12, the HCP must obtain the minor's assent and written consent from a parent or guardian.2

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4. Handle Group Communication Professionally

When using WhatsApp groups to communicate with colleagues, healthcare providers must take responsibility for managing and moderating group discussions appropriately. 

Should your practice have a group administrator, they should be aware of their legal responsibilities in terms of POPIA. 
They must ensure that patient information shared within WhatsApp groups complies with data protection laws and that all group members are briefed on their responsibilities regarding confidentiality and ethical conduct.17
 
According to Bouter et al., group administrators, in particular, bear the responsibility of ensuring that:17
  • Only relevant information is shared, and discussions remain focused on clinical matters
  • No inappropriate content or casual conversations take place in clinical WhatsApp groups, as this may detract from professional discourse
  • Any breaches of confidentiality or unprofessional behaviour are addressed immediately and appropriately, either by removing the offending member or reporting the issue to the relevant authorities if necessary
 
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5. Ensure Information provided on your WhatsApp application is accurate and reliable

Healthcare professionals must take responsibility for the accuracy and reliability of the information shared over WhatsApp. 

Given the potential impact of this information on clinical decision-making, it is crucial to:

Verify Accuracy
Confirm that any medical information shared is factually accurate, referencing reputable medical literature and consulting colleagues when necessary.
 
Avoid Speculation
Do not share unverified or speculative medical information, and do not make clinical decisions solely based on WhatsApp communications.

Encourage Collaboration
Promote open dialogue among team members to verify information, clarify uncertainties, and reach consensus on patient management strategies.
 
Furthermore, any clinical advice provided via WhatsApp should be appropriately documented in the patient's medical record to ensure continuity of care. Complex cases requiring detailed medical instructions should not be addressed through WhatsApp but rather through in-person consultations to ensure clarity and safety.
 
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Maintaining patient confidentiality in WhatsApp communication is both an ethical and legal requirement for healthcare professionals. When implementing WhatsApp into your clinical practice, the following should be noted:
 
Data Sharing Practices
• Share only essential information, avoiding identifiable details like full names or IDs unless strictly necessary.
• Limit group membership to those directly involved in patient care; group administrators should regularly review and manage group access
• Avoid providing access to members who make use of pseudonyms to mask their details. Administrators should always validate members before admitting them to the group.
 
 
Device and Connection Security
• Ensure devices used for WhatsApp are password-protected, encrypted, and up to date with the latest security patches.
• Use only secure, private networks, not public or shared Wi-Fi, when discussing patient information.
 
 
WhatsApp and Profile Settings
• Enable end-to-end encryption, securing communications from third-party access.
• Adjust privacy settings on WhatsApp to control the visibility of your profile photo, status, and "last seen" details, protecting personal information from patients and unauthorised individuals.
 
Data Access and Security Measures
• Restrict access to sensitive patient data through strong authentication mechanisms and conduct regular security audits to address potential vulnerabilities.
• In cases of device loss, deactivate WhatsApp immediately to prevent unauthorised access.
 
Caution and Compliance
• If uncertain about sharing specific information, seek guidance first to prevent accidental privacy breaches.
• Avoid sharing sensitive or pseudonymised information if unsure about ethical or legal compliance, erring on the side of caution for patient confidentiality.
 
 
Healthcare providers should educate patients on how their clinical WhatsApp group or individual communication will work to prevent misuse or overreliance on the platform. 
 
Appropriate Scenarios for WhatsApp Use
Patients should be informed about what types of inquiries are suitable for WhatsApp communication. Routine follow-up questions, requests for prescription refills, or clarification on treatment plans are appropriate. An in-person consultation is advised for anything involving a new diagnosis or acute medical issue.
 
Emergency Protocols 
Patients must be educated that WhatsApp is not suitable for emergencies. Providers should clearly communicate the protocol for emergencies, advising patients to contact emergency services or visit a nearby clinic if they require urgent medical attention.
 
Limiting Over-Use
Healthcare providers should inform patients about response times and encourage them not to send frequent or repetitive messages unless the issue is critical. Clear communication guidelines will help manage patient expectations and avoid overwhelming the provider.
 
 
1. Confidentiality After Death 
 
Even after a patient has passed away, healthcare professionals remain ethically bound to protect the confidentiality of their information. This includes any patient data that may have been shared via WhatsApp during their treatment. 20
 
The obligation to protect patient information does not end with death, and healthcare professionals should ensure that this data is not shared unnecessarily, even in post-mortem case discussions or educational contexts. 
 
Under the National Health Act, healthcare information of a deceased may only be released with 
• The express written consent of the next of kin
• The express written consent of the executor of the estate
 
The same level of discretion should be applied to protect the dignity and privacy of deceased patients as is applied to living patients.16
 
 
2. Conflicts of Interest
 
Healthcare professionals should remain vigilant regarding potential conflicts of interest when using WhatsApp for patient communication or consultations.
 
They should avoid recommending specific products, treatments, or services if financial incentives are involved, as this can impact professional integrity and patient trust. 
 
Although WhatsApp is not typically used for advertising, professionals should adhere to HPCSA guidelines on endorsements, touting, and other conduct that may compromise ethical standards, especially when discussing treatment options to maintain objectivity and trust in the provider-patient relationship. 7,10,16
 
 
3. Reporting Misconduct and Peer Responsibility 
 
Healthcare professionals are obligated to report any breaches of confidentiality or unethical behaviour occurring in WhatsApp groups or conversations.8,20
 
HPCSA Booklet 1 mandates that healthcare professionals report violations when they have reasonable grounds to believe that a patient's rights are being compromised or when unethical conduct is observed.6,15
 
 
 
 
In conclusion, while WhatsApp offers significant advantages in terms of speed, accessibility, and collaboration in clinical practice, healthcare professionals must be vigilant in maintaining professionalism and ethical standards. Practitioners should exercise caution when using WhatsApp as a substitute for more traditional forms of patient engagement and clinical decision-making. 
 
By establishing clear guidelines for its implementation in a clinical setting, healthcare providers can safely use WhatsApp as a tool to enhance patient and professional care while complying with legal and ethical obligations.
 
 


References
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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