Legal Mode of Medical Information Privacy

2015. No. 3. P. 66–77 [issue contents]
The article is devoted to the information and legal issues of ensuring patient’s confidentiality and providing necessary conditions — legal and moral- to restrict the access of unauthorized persons to patient’s health data. The historiographical analysis has been made concerning the development of the legislationi.e. the Penal Code, the Nuremberg Code, the Geneva Declaration, etc. in the sphere of medical privacy. The author has compared their legal characteristics with the current legislation. Besides, the author describes the legal features of doctor’s confident data, its correlation and difference from medical privacy. The article gives a comparative legal analysis of existing legal acts regulating confidentiality of medical data. At the same time, it is pointed out that medical confidentiality is not absolute. Thereare grounds established by the legislation to receive this information upon request without patient’s consent. In fact, there are cases when the Law On Health Protection of the Citizens in the Russian Federation conflicts with other laws, that produces results in the form of discrepancies as to the administration of laws. Such situations are studied by the author on the materials of case practice especially appeals due to non-providing confidential medical information to the lawyer of the client. The paperexamines the grounds to get such information forcibly by a third party for the purposes of some professional activities, i.e. a lawyer, an insurance company, members of the commissions dealing with minors and protecting their rights. Based on the analysis of practice and comparative legal study of the current legislation some proposals have been worked out to amend some legal acts, in particular, the FederalLaw On Lawyers and the Criminal Procedure Code of the Russian Federation. The point for discussion in the paper is presented by the criteria and legality to inherit medical information. The author draws the analogy between the principle of inheritance and copyright, and raises the issue of its legal consistency,giving reasons for his case. The aspects of criminal, administrative, civil and disciplinary responsibility for violation of legislation by officials in the field of medical privacy have also been touched upon.
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