Privacy In The Provision Of Medical Care

Abstract

The article discusses the problems associated with the violation of the legal regime for the preservation of information constituting medical confidentiality and personal data of the patient. The primary attention is paid to the analysis of judicial practice in cases of compensation for moral damage for the disclosure of medical confidentiality. The subject of analysis is the statutory exceptions, which allow the disclosure of medical confidentiality and personal data without the consent of the patient. The most important task of the state is the protection of individual rights, including the right to health, which is guaranteed by the Constitution of the Russian Federation (Article 41). In the successful implementation of this task, an important role belongs to constitutional and criminal-legal means. In this regard, legal means should be aimed at preventing attacks on the health of an individual, improving constitutional and criminal legislation and the practice of its implementation. Constant attention must be paid so that they are entirely consistent with the new realities of the development of medicine, society, and morality. For a long time, medical activity existed separately from the law, had contact with the legal norms only in some cases, as an exception. The rules of professional ethics and moral standards did not give any reliable guarantees against the consequences of the work of a medical worker. In this regard, a need arose for a compulsory appeal to medical standards, the observance of which would be guaranteed by the force of state coercion.