Disclosure of confidential information about a person's state of health during court proceedings and pronouncement of a court decision: problematic issues

Abstract

At the current stage of the development of society, information is a value that is created and used in all spheres of life to fulfill the tasks of subjects of various legal relationships. Confidential information about a person needs special importance and legal protection in the process of creating and publishing information, and therefore these issues are under the constant watchful eye of scientists and practitioners. It is extremely important for the sustainable and successful development of this area to ensure the preservation of confidential information and the right to protect a person's personal data about his state of health. At the same time, the protection of such personal data becomes especially relevant in the field of justice by the bodies of the judicial system, whose institutions, in the course of their daily activities, process and use a large array of information and personal data of participants in court proceedings. We can immediately note that this issue is currently not researched in Ukraine, where the vector of scientific developments is more directed towards the analysis of the protection of confidential information and personal data in the field of health care in general. The special relevance of this issue is also due to the fact that the consideration of all categories of cases by courts is inextricably linked to the acquisition of information about a person, including his state of health, during the resolution of the case, with the subsequent consolidation of such information in the adopted court decisions, and therefore for the proper regulation of this process and the prevention of violations of the rights of participants in court proceedings, the first priority is to study existing gaps in the legislative regulation of the process of obtaining documents and materials by courts, publishing court decisions, where there is confidential information about a person's state of health. Key words: information, confidential information, confidential information in the field of health care, disclosure of confidential information, confidential information about a person's health, consideration of court cases, announcement of a court decision.