Constitutional and legal guarantees for the protection of medical information of vulnerable persons

Theoretical aspects concerning the safeguarding of medical information pertaining to individuals with mental disorders, minors and prisoners are expored in this article. The heightened risks of unauthorized access to such information by external parties have been identified, promoting a doctrinal reevaluation of the protective measures. Through the analysis of prevailing approaches to constitutional and legal guarantees, the article proposes a phramework for delineating primary, specific, and auxiliary measures for ensuring the protection of medical information. Employing the scientific methods of analysis, synthesis, systematization and classification, the article discerns the particular attributes of each category of guarantees, aiming to enhance their effecacy. Notably, emphasis is placed on constitutional and legal provisions aimed at preventing unlawful access to medical information by external entities.

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Publication Details

Journal
RUDN JOURNAL OF LAW
Published
2024-12-15
DOI
https://doi.org/10.22363/2313-2337-2024-28-4-856-874
Primary Topic
Ethics and Legal Issues in Pediatric Healthcare
Type
article
Field-Weighted Citation Impact
0.00

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article

Constitutional and legal guarantees for the protection of medical information of vulnerable persons

Vladislava E. Mamedova, Nina Kolosova
RUDN JOURNAL OF LAW
Ethics and Legal Issues in Pediatric Healthcare
article

Constitutional and legal guarantees for the protection of medical information of vulnerable persons

Vladislava E. Mamedova, Nina Kolosova
article en

Abstract

Theoretical aspects concerning the safeguarding of medical information pertaining to individuals with mental disorders, minors and prisoners are expored in this article. The heightened risks of unauthorized access to such information by external parties have been identified, promoting a doctrinal reevaluation of the protective measures. Through the analysis of prevailing approaches to constitutional and legal guarantees, the article proposes a phramework for delineating primary, specific, and auxiliary measures for ensuring the protection of medical information. Employing the scientific methods of analysis, synthesis, systematization and classification, the article discerns the particular attributes of each category of guarantees, aiming to enhance their effecacy. Notably, emphasis is placed on constitutional and legal provisions aimed at preventing unlawful access to medical information by external entities.

RUDN JOURNAL OF LAWVol. 28(4)
Samara University (ET), The Institute of Legislation and Comparative Law under the Government of the Russian Federation (RU)
Russian Science Foundation
Openalex Percentile: Top 54%
Ethics and Legal Issues in Pediatric Healthcare
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