The concept and significance of medical confidentiality in Russia: protection and security measures. Implementation problems

Abstract

The article considers the patient's right to protect and defend medical confidentiality, as well as the measures of liability for its disclosure provided for by the legislation of the Russian Federation.
Introduction. The author analyzes the concept of medical confidentiality established by the current legislation, shows the problem of leakage of patients' medical information. Legal measures of protection and security are given, the legislation is analyzed in terms of tightening liability for disclosure of patients' medical confidentiality. In the context of the need to protect medical confidentiality, the author emphasizes the issue of the unequal position of the patient and the doctor, in situations where medical information is disclosed by the patient publicly. The author analyzes the measures of civil, administrative and criminal liability applied to doctors and medical organizations, shows the approach of the courts in resolving medical disputes related to the disclosure of the patient's medical confidentiality.
Conclusion. Based on the results of the analysis, it was concluded that it is necessary to grant the doctor the right to disclose certain medical information without the patient's consent, in cases where the patient himself makes public information that is a medical secret, as well as to establish restrictions on the list of persons who have the right to access patients' medical data and the storage periods for patient data. It seems possible to introduce multi-level authorization at the legislative level when working with electronic medical records.