I think many people know that medical secrecy is an integral part of every person’s privacy and is confidential, non-disclosable information.
This post is about what kind of information is a medical secret, who is not allowed to divulge this information, in which cases a medical secret can be disclosed and what is the responsibility for the unlawful disclosure of medical secret.
What information is a medical secret?
– information about the disease and diagnosis, health status;
– medical examination information and their results;
– information of intimate and family character;
– the fact of seeking medical help;
– methods of treatment of the patient.
Who can hold such information and not have the right to disclose it?
– medical workers;
– other people who became aware of such information in connection with the performance of their professional and official duties (health care workers, law enforcement officers (by court decision), etc .;
– legal representatives (parents, adoptive parents, guardians).
In some cases, medical secrecy information may be disclosed:
– when a person (patient) has given a voluntary written consent to receive such information by another person;
– in the manner provided by the civil and criminal procedural legislation (in the order of access to things and documents and by court decision);
– at the request of legal representatives on the health of the child or guardian);
– in other cases, if it is ONLY provided by law.
As for liability for unlawful disclosure of medical secrecy, the Criminal Code of Ukraine provides for the following types of liability (one of the following applies):
– fine (850 UAH);
– community works;
– corrective works;
– deprivation of the right to occupy certain positions.