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PROTECTION OF CONFIDENTIAL MEDICAL INFORMATION IN UKRAINE: PROBLEMS OF LEGAL REGULATION.

N Onishchenko¹, V Teremetskyi², A Kolesnikov³

¹1V.M.Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine, Kyiv, Ukraine.

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|July 4, 2024

Summary

This summary is machine-generated.

This study analyzes legal protections for confidential medical information in Ukraine, identifying legislative gaps and proposing improvements for patient data security. It highlights the need for enhanced accountability and international legal alignment to safeguard medical confidentiality.

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Area of Science:

Law
Public Health
Information Security

Background:

Confidential medical information is crucial for patient trust and effective healthcare.
Existing Ukrainian legislation has gaps in protecting patient data.
International standards increasingly influence national data protection laws.

Purpose of the Study:

To analyze legal mechanisms for protecting confidential medical information in Ukraine.
To identify legislative deficiencies concerning healthcare professionals and electronic medical systems.
To propose improvements for safeguarding patient data privacy.

Main Methods:

Dialectical method to track patient rights development.
Formal-legal method to compare EU and Ukrainian legislation.
Analysis, synthesis, comparison, and modeling for legal liability assessment.

Main Results:

Defined key terms: medical data, medical information, confidential medical data, and medical confidentiality.
Identified legitimate grounds for disclosing confidential medical information.
Revealed legislative gaps in Ukraine regarding data protection by healthcare professionals and regulators.

Conclusions:

Expanded accountability for preserving confidential medical information is necessary.
Ukrainian legislation requires enhancement to align with international standards, especially during martial law.
Legal remedies include appealing to the Ukrainian Parliament Commissioner for Human Rights or courts.