Abstract
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.
Highlights
The article is devoted to this type of confidential information about a citizen, as information constituting a medical secret
The legal regime of medical confidentiality is considered in the context of its relationship with personal secrecy and the right to privacy
The author concludes that initially information about the health of a citizen is protected under the regime of personal secrets
Summary
The article is devoted to this type of confidential information about a citizen, as information constituting a medical secret. The consolidation in Russian law of the grounds for providing information constituting medical confidentiality to third parties without the consent of a citizen by their nature and legal consequences limits the citizen’s rights to privacy.
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