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

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.

Keywords

• constitutional guarantees
• medical law
• medical information
• data erasure
• right to access medical information
• electronic health record
• medical rights of minors
• medical rights of prisoners