Publication date: 03.06.2024
Legal Issues of Privacy in Medicine
Introduction
Confidentiality in medicine is one of the key ethical and legal principles that ensure trust between patients and healthcare professionals. In this article, we will review the main legal aspects related to confidentiality in medicine, including international standards, national legislation, patients' rights and healthcare professionals' obligations.
International Standards
Universal Declaration of Human Rights
According to Article 12 of the Universal Declaration of Human Rights, no one shall be subjected to arbitrary interference with his or her privacy, including medical data. This principle enshrines the fundamental right to privacy.
Convention for the Protection of Human Rights and Fundamental Freedoms
The European Convention on Human Rights in Article 8 also guarantees the right to respect for private and family life, which includes the protection of medical data.
National Legislation
General Data Protection Regulation (GDPR)
In the European Union, the General Data Protection Regulation (GDPR) sets strict requirements for the processing of personal data, including medical data. The GDPR stipulates that healthcare organizations must ensure data security and inform patients of their rights.
Legislation of Ukraine
In Ukraine, medical data privacy is regulated by the Law of Ukraine "On Personal Data Protection" and other legal acts. Medical institutions are obliged to comply with the requirements for the protection of patients' personal data.
Patients' rights
The right to confidentiality
Patients have the right to keep their medical data confidential. This means that medical information may not be disclosed without the patient's consent, except in cases provided for by law.
Right to Access Data
Patients have the right to access their medical data. They can request copies of their medical records and information about who processed their data and for what purpose.
Responsibilities of Healthcare Professionals
Confidentiality compliance
Healthcare professionals are obliged to keep patient information confidential. They have no right to disclose medical data without the patient's consent, except in cases provided for by law.
Data protection
Medical institutions must ensure proper protection of medical data. This includes the use of modern technologies to protect information from unauthorized access, loss or destruction. You may be interested in the following articles: legal advice, legal advice, document analysis, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal assistance, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
Exceptions to the Privacy Policy
Legal Requirements
There are situations where medical data may be disclosed without the patient's consent. This may be due to legal requirements, for example, in cases of criminal investigation or by court order.
Protection of Life and Health
In some cases, healthcare professionals may disclose medical data without the patient's consent to protect the patient's life or health, for example, if the patient is in a critical condition and cannot give consent.
Legal Liability
Administrative and Criminal Liability
Breaching the confidentiality of medical data may entail administrative or criminal liability for medical professionals and institutions. The legislation provides for various types of penalties, from fines to imprisonment.
