Open AccessMEDICAL CONFIDENTIALITY WITH REGARD TO THE PROTECTION OF GENETIC INFORMATION
Author(s) -
Крюкова Елена Сергеевна
Publication year - 2021
Publication title -
pravovoe gosudarstvo: teoriâ i praktika
Language(s) - English
Resource type - Journals
ISSN - 2500-0217
DOI - 10.33184/pravgos-2021.2.1
Subject(s) - confidentiality , legislation , interpretation (philosophy) , political science , medical information , business , law , internet privacy , computer science , knowledge management , programming language
The paper analyzes the rules of Russian and foreign legislation on the observance of medical confidentiality and identifies the specific nature of genetic information in protected medical information. Purpose: to analyze the Russian legislation on medical confidentiality with regard to the protection of genomic information. Methods: the author uses general scientific methods of cognition: analysis, synthesis, deduction, induction, system, historical, functional, juxtaposition and comparison. Such special scientific methods are used as formal-dogmatic, historical-legal, legal modeling, comparative-legal, legal interpretation. Results: the conclusions aresubstantiated on the need to separate genetic information within the legal regime of medical confidentiality by means of exceptions and (or) additional legal structures which, on the one hand, enhance security measures, on the other hand, differentiate between exceptional disclosures in order to protect the interests of the patient’s relatives or to meet the need for scientific research.