MEDICAL CONFIDENTIALITY WITH REGARD TO THE PROTECTION OF GENETIC INFORMATION

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.

Le secret médical

Medical secrecy is going through a troubled period today. The multiplication of health care providers, technological progress and the pressure of financial policies tend to put pressure on this institution and to redefine its contours. In Swiss law, medical secrecy is now governed by an abundance of legal provisions whose implementation has become complex and unpredictable. After a first part dealing with the historical origins of medical secrecy, its main current factors of influence and its ethical justifications, the book systematically analyzes the multiple duties of confidentiality that may apply to caregivers, their respective limits and their articulation. The study concludes with an analysis of several scenarios for the future of medical confidentiality.

MEDICAL CONFIDENTIALITY DISCLOSURE IN CONDITIONS OF EPIDEMIC THREATS

The aim: To establish public opinion on the limits of medical confidentiality in an epidemic and the widespread use of applications that contain personal data, including those regarding health, to understand the possibility of changing the paradigm of public policy to protect medical confidentiality in an exacerbation of the epidemic situation. Materials and methods: This research is based on regulatory acts, scientific articles, and opinions of both medical workers and ordinary citizens of Poland, Germany, and Ukraine, judicial practice, doctrinal ideas, and views on this issue. Such methods as dialectical, comparative, analytic, synthetic, comprehensive, statistical, and generalization. Results: the results of a survey of residents of Poland, Germany, and Ukraine showed that one of the pandemic consequences was that a significant number of respondents were willing to partially renounce the right to medical confidentiality in the face of exacerbating epidemic threats to reduce the number of infected. Conclusions: In the face of the SARS-Cov-2 virus, nations worldwide have faced the challenge of respecting the right to privacy, particularly in terms of medical confidentiality. Virtual methods of patient communication with healthcare professionals use mobile electronic services (applications), and other new technologies in the context of the COVID-19 pandemic have exacerbated the issue of understanding the boundaries of medical confidentiality and personal data protection. In order to maintain an effective balance between human rights and public health, the mass collection and storage of sensitive personal data must take place following the Regulation of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. At the same time, it is expedient to recommend states to specify specific provisions of this Regulation in order to avoid an expanded interpretation of certain of its provisions.

Attitudes of doctors and medical students toward patients with suicidal ideation

Considering suicide is a public health problem, this study identified misconceptions about patients at risk of suicide as well as strategies to manage patients and their families, also verifying changes in conceptions and attitudes throughout graduation. We applied a questionnaire with five categories: “medical confidentiality,” “deontology,” “medical negligence,” “graduation,” and “myths and conceptions”. One hundred and twenty-six subjects participated in the research: 45 (35.7%) first-year medical students, 48 (38.1%) interns, and 33 (26.2%) doctors. The variables were analyzed, and the difference between groups was significant for 15 questions (62.5%). In one question (myths and conceptions) the answers were distant from the expected, and in two questions (myths and conceptions, deontology) the result did not give adequate information. We observed improvements at medical graduation for most of the studied aspects; among the deficiencies, we highlight those related to compulsory notification, electroconvulsive therapy, and the responsibility of doctors.

Implementation of the patient's right to obtain information in the concept “health and human rights”

The article explores the features of legal regulation of patient’s right to access information in the medical activity field. The reasons for violation of saving of information about patient’s health are the lack of knowledge of law and no understanding the harm that caused if patient’s confidentiality is violated. The analysis of medical confidentiality content, lawful disclosure cases, the conditions and procedure for its legal support. Subjects who received information constituting a medical secret don`t have right to disclose it, legal liability is provided for such norms violation. The medical confidentiality concept and the group of subjects of such legal relations is established. The purpose of the article is to determine the peculiarities of realization of patients’ right to access information in the medical activity field and its protection ways when studying the “health and human rights” concept. Comparative legal and comparative methods were used when studying legislative acts governing the preservation by persons who received information constituting medical secrecy and legal cases of their disclosure. The formal logical method was used to differentiate “medical secret” and “professional secret”. Modeling, analysis and synthesis methods helped to identify the legal basis for protecting the patient`s rights when receiving information about their health, legal responsibility types for its disclosure. The results of this work have determined the legislation of legal problems that arise when patients’ rights to receive reliable information about their health aren`t respected and require immediate resolution.