Features of Legal Regulation of Secrecy Regime (Including Medical Confidentiality) when Conducting Genetic Research

The paper examines the key features of the legal regulation of secrecy in relation to such a rapidly developing field as genetic research. The purpose of the study is to provide an overview of the main approaches to the legal regulation of secrecy (including medical secrecy) at the global, regional and national levels, to formulate trends in the development of regulation in the field of public relations under consideration. The paper presents a detailed analysis of the fundamental international documents, as well as domestic acts (including examples from foreign jurisdictions), which address the issue of compliance with the prohibition on disclosure of certain types of information, and the relevant exemptions are considered. As to the Russian Federation, the authors note the unconditional influence of judicial practice on the formulation of legislative approaches to fixing the conditions for the disclosure of information constituting a secret during genetic research without the consent of the subject or his legal representative, as well as on the disclosure of relevant information after the death of a citizen.

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Publication Details

Journal
Lex Russica
Published
2024-12-22
DOI
https://doi.org/10.17803/1729-5920.2024.217.12.126-139
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
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article

Features of Legal Regulation of Secrecy Regime (Including Medical Confidentiality) when Conducting Genetic Research

Ekaterina Nechaeva, М. В. Некотенева, Д. В. Пономарева
Lex Russica
Digital Transformation in Law
article

Features of Legal Regulation of Secrecy Regime (Including Medical Confidentiality) when Conducting Genetic Research

Ekaterina Nechaeva, М. В. Некотенева, Д. В. Пономарева
article en

Abstract

The paper examines the key features of the legal regulation of secrecy in relation to such a rapidly developing field as genetic research. The purpose of the study is to provide an overview of the main approaches to the legal regulation of secrecy (including medical secrecy) at the global, regional and national levels, to formulate trends in the development of regulation in the field of public relations under consideration. The paper presents a detailed analysis of the fundamental international documents, as well as domestic acts (including examples from foreign jurisdictions), which address the issue of compliance with the prohibition on disclosure of certain types of information, and the relevant exemptions are considered. As to the Russian Federation, the authors note the unconditional influence of judicial practice on the formulation of legislative approaches to fixing the conditions for the disclosure of information constituting a secret during genetic research without the consent of the subject or his legal representative, as well as on the disclosure of relevant information after the death of a citizen.

Lex RussicaVol. 77(12)
Kutafin Moscow State Law University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 56%
Digital Transformation in Law
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