Open AccessADMISSIBILITY OF PROVIDING INFORMATION CONSTITUTING MEDICAL CONFIDENTIALITY IN THE PUBLIC INTEREST
Author(s) -
Анатолий Алексеевич Серебряков
Publication year - 2020
Publication title -
rossijsko-aziatskij pravovoj žurnal
Language(s) - English
Resource type - Journals
ISSN - 2687-010X
DOI - 10.14258/ralj(2020)1.7
Subject(s) - secrecy , confidentiality , internet privacy , context (archaeology) , business , personally identifiable information , political science , public interest , right to privacy , information privacy , medical information , law , law and economics , computer security , computer science , sociology , paleontology , knowledge management , biology
The article is devoted to this type of confidential information about a citizen, as information constitutinga medical secret. The legal regime of medical confidentiality is considered in the context of its relationshipwith personal secrecy and the right to privacy. The author concludes that initially information about thehealth of a citizen is protected under the regime of personal secrets. Herewith, the regime of medicalconfidentiality is called upon to provide additional guarantees to ensure the citizen’s right to confidentialinformation regarding his health. It has been established that restrictions on a citizen’s right to privacy andpersonal secrecy may arise from the characteristics of the legal regime of other types of secrets. Thus, theconsolidation in Russian law of the grounds for providing information constituting medical confidentiality tothird parties without the consent of a citizen by their nature and legal consequences limits the citizen’s rightsto privacy. At the same time, such restrictions can be justified if they are designed to ensure the protection ofpublic interests. On the example of road safety, the shortcomings of the existing legal regulation are shown.