Russian Journal of Economics and Law (Dec 2024)
Providing digital security of healthcare system with criminal-legal means
Abstract
Objective: to form a theoretical concept of criminal-legal protection of digital healthcare by identifying the key criminal risks; to perform a terminological analysis of the concept of “digital security of the healthcare system” and to analyze the possibility of its use in legal theory and practice. Methods: the article uses the universal dialectical method of cognition, as well as general scientific (analysis, synthesis, induction, deduction) and specific scientific (formal-legal) methods of research. Results: based on the conducted research, the key criminal risks and trends of digital healthcare were identified; legal and terminological analysis of the concept of “digital security of the healthcare system” was performed. The author has formulates the definitions of such concepts as “digital security of the healthcare system”, “ensuring digital security of the healthcare system” and “digital threat”, and reveals a set of reasons for legal regulation of digital security of the healthcare system. Scientific novelty: the author has developed a theoretical concept of criminal-legal protection of digital security of the healthcare system, which includes three groups of elements: key criminal risks in healthcare digitalization (risks arising in the circulation of digital information in the healthcare system; risks inherent in medical devices based on digital technologies; risks of critical information infrastructure in the Russian Federation); legal and terminological apparatus of digital securityof the healthcare system; factors that determine the need for legal regulation of digital security of the healthcare system by criminal-legal means (digitalization of healthcare; risks of hacking or unauthorized access to medical devices based on digital technologies; workload of medical workers; increased social danger of unlawful encroachments in the field of digitalhealthcare, etc.). Practical significance: the proposals and conclusions of the study can be used to improve criminal legislation and practice of its application, as well as to form a scientific basis for interdisciplinary research at the intersection of criminal law science and digital technologies.
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