LEGAL GUARANTEES FOR THE PROTECTION OF PATIENT PERSONAL DATA IN THE CONTEXT OF DIGITALIZATION OF MEDICAL SERVICES: FOREIGN EXPERIENCE

Abstract

This article examines legal guarantees for protecting patient personal data in the context of digitalization of medical services, based on an analysis of international experience. Particular attention is paid to the transformation of the traditional institution of medical confidentiality in the context of the introduction of electronic medical records, digital platforms, telemedicine services, and automated healthcare information systems. It is substantiated that patient personal data, including information on health status, diagnosis, examination results, and treatment, are considered a particularly sensitive category of information and require enhanced legal, organizational, and technical protection. Based on international experience, such guarantees as obtaining patient consent for the processing of medical data, the intended use of such data, ensuring confidentiality, information security, access control to electronic databases, and the patient's right to receive information about the processing of their personal data are described. The article emphasizes the need to move from a formal prohibition on disclosure of medical confidentiality to a comprehensive model for the protection of personal medical data, incorporating legal, contractual, technical, and organizational mechanisms. A conclusion is drawn on the significance of international experience for improving national legislation in the field of digital healthcare and strengthening guarantees for the protection of patient rights.