12.7 C
Qādiān
Thursday, February 13, 2025

Reshaping Perspectives and Catalyzing Diplomatic Evolution

The state of health of Roman Kostomarov is written daily by the media. And is it legal?


Amputations, strokes, meningitis – information about the condition of figure skater Roman Kostomarov appears every day in the media and telegrams. The state of health of celebrities is often made public, and doctors in ordinary hospitals often refuse to inform relatives of patients of the diagnosis, citing medical secrecy.
The lawyers explained to RTVI whether it is legal to publish information about a person’s health without their consent.

Medical lawyer Irina Gritsenko:

“Medical confidentiality is Federal Law 323, Section 13. It clearly states in the first and second paragraphs that any request for medical assistance is medical confidentiality.

If reported [информацию о состоянии здоровья] doctors, they are committing an administrative offence. If this is reported by relatives with the consent of the patient, they do not violate anything.

But here the question arises: who can claim what he has violated? Only the patient himself, when he is better, and if he decides that his rights have been violated.
A journalist should always have confirmation of the source of the information. If the case goes to court, he will have to disclose these sources, because there we can no longer hide behind the fact that it is a journalistic investigation.
In general, there is no journalistic investigation, there is an official call from a journalist and an official response from a medical institution or relatives. In this part, he will have to confirm who gave him the information, because if he omits to say it, he could at least be the subject of a civil action for the dissemination of data relating to medical secrecy.
When disseminating information to an unlimited circle of people, medical secrecy not only works, it is not so regulated now, and the law on personal data – diagnoses and health status information is personal data.

Head of Rosmedconsulting’s pre-trial and judicial dispute resolution practice, medical lawyer Alexei Goryainov:

From a legal point of view, all information related to seeking medical help is a medical secret and is not subject to disclosure. They are only subject to disclosure if the patient has given his consent to the dissemination of this information on the consent form: when the control consent to the processing of personal data is completed, it indicates the circle of persons to which the patient authorizes the transfer of information constituting a medical secret. Anything beyond this consent is illegal.

Responsible persons are those who divulged a medical secret without the authorization of the owner, that is, of the patient. People who leaked medical secrets are responsible. Those people who divulged, without any reason, first of all we will talk about medical personnel, they violated medical secrecy in a rather gross way.

There is an appropriate composition, firstly, it is the disciplinary liability of medical workers who violate, including the terms of their employment contracts, plus it is administrative and civil liability.

More

Follow The Eastern Herald on Google News. Show your support if you like our work.

Author

News Room
News Room
The Eastern Herald’s Editorial Board validates, writes, and publishes the stories under this byline. That includes editorials, news stories, letters to the editor, and multimedia features on easternherald.com.

Editor's Picks

Trending Stories