Juridical Analysis on Infrigement against Patients' Electronic Medical Records at Telemedicine Services Based on Indonesia Regulation

Abstract

In order to guarantee privacy protection for the health sector, regulations are needed that can bring benefits, balance and legal certainty in securing medical record data and innovation in health services. This research aims to describe the pattern of legal relations in the provision of telemedicine services, the regulatory capabilities of the health and cyber sectors in Indonesia in preventing and enforcing leaks and misuse of patient electronic medical record data. Next, this article will outline the shortcomings in terms of normative, structural and legal culture in enforcing existing rules in Indonesia regarding electronic medical record data. This research is included in qualitative research with a statutory and conceptual approach. The research results show that electronic medical record data is part of human rights which must be protected and recognized as special property rights in terms of civil law. Legal protection for the confidentiality of patient data in Electronic Medical Records (RME) in Indonesia is well accommodated by a number of regulations, including the Personal Data Protection Law, Minister of Health Regulation on RME, and the Civil Code with fairly good and complementary harmonization between regulations. However, Obstacles are still found in enforcement such as a lack of clear boundaries and procedures for opening medical record data and reporting data leaks, the legitimacy of the authority of law enforcers who have the authority to take action and the public's low understanding of the importance of data protection on medical records.