LIMITS ON THE PERMISSIBILITY OF DISCLOSURE MEDICAL CONFIDENTIALITY

Author(s): Kolontaevskaya I.F.

Rubric: Content, problems and trends in the development of public law

DOI: 10.21777/2587-9472-2023-4-18-24

Release: 2023-4 (40)

Pages: 18-24

Keywords: institution of medical secrecy, confidential information, admissibility of disclosure, patient, health care professional

Annotation: The aim of the study is to highlight the problems related to the legal understanding and enforcement of the norms of the institute of medical confidentiality and the limits of admissibility of disclosure of confidential information. The article considers the legal provisions establishing the grounds for disclosure of private information received from patients. The reasons and conditions of contradictions between legal, deontological and ethical components of the current regime of medical secrecy are revealed, which may not only compete with each other, but even mutually exclude each other, as ethically justified confidentiality of medical data on morbidity and treatment of patients may contain a real threat to public and sanitary-epidemiological safety of people who are in ignorance. The issues on the expediency of maintaining a ban on disclosure of confidential medical information of socially significant and state interest are raised. The methodological basis was formed by formal-legal, comparative-legal, legal-technical methods, as well as general scientific methods of cognition. The conclusion is made about the need for further doctrinal and legal development of the institute of medical secrecy, the development of the legal regime of its operation, as well as the improvement on this basis of legislation concerning the limits of admissibility of disclosure of medical secrecy.

Bibliography: Kolontaevskaya I.F. LIMITS ON THE PERMISSIBILITY OF DISCLOSURE MEDICAL CONFIDENTIALITY // Journal of Legal Sciences. – 2023. – № 4 (40). – С. 18-24. doi: 10.21777/2587-9472-2023-4-18-24