|Title of the article
CONFIDENTIALITY OF PERSONAL DATA FALLING UNDER THE LEGAL REGIME OF MEDICAL CONFIDENTIALITY IN THE EDUCATIONAL PROCESS OF MEDICAL UNIVERSITIES
Vyrva Pyotr Aleksandrovich, Postgraduate student, Siberian Federal University (6 Mayerchaka street, Krasnoyarsk, Russia), email@example.com
Gutnik Sergey Iosifovich, Senior lecturer, sub-department of criminology and criminal science, Siberian Federal University (6 Mayerchaka street, Krasnoyarsk, Russia), firstname.lastname@example.org
Background. Legislation on personal data has been actively developing and changing. It regulates various spheres of society, including the educational sphere, setting different modes of information and personal data. One of the modes of personal data is the regime of medical confidentiality. However, students sometimes do not have the right idea about personal data protection and medical confidentiality keeping. It is therefore necessary to undertake preventive measures that would prevent violation of the right to privacy. The purpose of the article is to identify understanding of the mode of cofinedtiality of personal data falling under the regime of patient confidentiality among medical students, and to offer a number of measures to prevent violations of patient confidentiality among students.
Materials and methods. The goals and objectives of the study were achieved by analysis of the current legislation on personal data and patient confidentiality. The following research methods were used: the method of legal regulation analysis, the statistical method of questioning, the legalistic method, the logical method.
Results. The authors have studied the legal framework regulation of personal data falling under the legal regime of patient confidentiality, as well as the liability for illegal disclosure of information constituting a medical secret, as well as revealed problems with implementation of certain legal provisions relating to patient confidentiality. The researchers have conducted a survey of students of a medical school on the subject of awareness of the legal regime of information constituting a medical secret and revealed that not all of the respondents have the correct understanding of the normative regulation of this issue.
Conclusions. It is concluded that medical students are also carriers of personal data falling under the legal regime of medical confidentiality. Unfortunately, not all of the students surveyed are aware of the restrictions and prohibitions in respect of medical confidentiality. In this regard, in order to prevent illegal infringements of medical confidentiality, the authors propose a number of preventive measures for medical students.
confidentiality, privacy, medical confidentiality, medical universities, criminal liability, prevention of privacy violations.
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1. Nikolaeva E. V., Smbatyan S. M. Glavvrach [Chief physician]. 2012, no. 3.
2. Ob otkaze v prinyatii k rassmotreniyu zhaloby grazhdanina Supruna Mikhaila Nikolaevicha na narushenie ego konstitutsionnykh prav stat'ey 137 Ugolovnogo kodeksa Rossiyskoy Federatsii: Opredelenie Konstitutsionnogo Suda RF ot 28.06.2012 № 1253-O [On revocation of the complaint by a citizen Suprun Mikhail Nikolaevich on violation of his constitutional rights by the article 137 of the Criminal Code of the Russian Federation: the decision of the Constitutional Court of the Russian Federation from 28.06.2012 № 1253-O]. “ConsultantPlus” reference system.
3. Ob osnovakh okhrany zdorov'ya grazhdan v Rossiyskoy Federatsii: Federal'nyy zakon ot 21.11.2011 № 323-FZ [On citizens’ health protection foundations in the Russian federation: the Federal law from 21.11.2011 № 323-FZ]. “ConsultantPlus” reference system.
4. Ob utverzhdenii perechnya svedeniy konfidentsial'nogo kharaktera: Ukaz Prezidenta RF ot 06.03.1997 № 188 [On adoption of the list of confidential types of information: the Decree of the RF President from 06.03.1997 № 188]. “ConsultantPlus” reference system.
5. Kuranov V. G. Meditsinskoe pravo [Medical law]. 2014, no. 2.
6. Petrukhin I. L. Lichnye tayny (chelovek i vlast') [Privacy (people and authorities)]. Moscow, 1998, pp. 161–162.
7. Konstitutsiya Rossiyskoy Federatsii ot 12.12.1993 (s izm. i popravkami) [The Constitution of the Russian Federation from 12.12.1993 (revised and amended)]. “ConsultantPlus” reference system.
8. O personal'nykh dannykh: Federal'nyy zakon ot 27.07.2006 № 152-FZ (red. ot 04.06.2014) [On personal data: the Federal law from 27.07.2006 № 152-FZ (revised on 04.06.2014)]. “ConsultantPlus” reference system.
9. Ugolovnyy kodeks Rossiyskoy Federatsii ot 13.06.1996 № 63-FZ [The Criminal Code of the Russian Federation from 13.06.1996 № 63-FZ]. “ConsultantPlus” reference system.
10. Prigovor Taganrogskogo gorodskogo suda [Sentence of the Taganrog municipal court]. Available at: http://taganrogsky.ros.sudrf.ru
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Дата обновления: 26.08.2016 13:23