Protection of Information Constituting the Medical Secret in the Field of Application of «Artificial Intelligence» Technologies in Digital Medicine

Abstract

Artificial intelligence technologies have found wide application in digital medicine, in particular, they are used to process information that makes up the medical secrecy of patients. This information refers to the big data information element. One of the key problems of the application of the legislation on medical secrecy is the problem of legality of disclosure of the confidential information. Thus, judicial practice ambiguously interprets the procedure for posthumous disclosure of medical secrets to certain categories of persons. There is no uniform approach to determining the minimum age for expressing consent to the disclosure of this information. The paper examines the problems associated with the disclosure of information constituting a medical secret. In particular, the author substantiates that consent to the disclosure of medical secrets is a civil transaction, the minimum age for expressing this consent is the age of acquiring full legal capacity (18 years). When writing the article, the current state of legislation, civil doctrine and law enforcement practice was taken into account.