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PROBLEMATIC ISSUES OF PATIENTS’ PERSONAL DATA PROCESSING IN MEDICAL ORGANIZATIONS

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PDF: Author(s): Gorovenko S. V., Zolnikova N. E.,
Number of journal: 1(74) Date: March 2026
Annotation: The processing of personal data in healthcare sector has its own specifics caused by the effect of various legal regimes regarding patient information and his rights in relation to such information. On the one hand, such specifics of medical activity exempt operators from the need to obtain a standardized form of consent of the subject to the processing of his personal data. On the other hand, due to the intra-industry interrelationships of medical legislation, it creates the need either to issue special forms of documents, or to use those forms of documents that are intended to resolve related issues of the realization of patients’ rights. The application of legislation on personal data in the anonymous provision of services remains a controversial issue in the practice of medical organizations. In this regard, the existing scientific approaches to solving the emerging issues were analyzed. A licensing requirement for medical activities is the transfer of patients’ personal data to a unified state information system in the field of healthcare. At the same time, there are contradictions in the legal regulation of this procedure based on the provisions on medical secrecy, in connection with which a revision of amendments to the relevant norms of medical le- gislation is proposed. Also noteworthy are certain issues related to the implementation of the rights of minor patients to process their personal data in terms of the age of consent to processing. Attention is drawn to the inconsistency of medical legislation regulating the issues of ensuring the rights of minor patients to medical secrecy, and the provision of such information to the legal representatives of the minor. The need to ensure the safety of medical personnel in providing emergency medical care to the population has led to the introduction in some regions of the Russian Federation of the practice of using video recording equipment in the provision of medical care. In this regard, attention is drawn to the insufficiency of the legal regulation of this procedure in terms of ensuring the rights of personal data subjects.
Keywords:

personal data, consent to processing, anonymous provision of services, rights of patients, rights of minors, medical information systems, special category of personal data, biometric data, video recording, ambulance

For citation:

Gorovenko S. V., Zolnikova N. E. Problematic issues of patients’ personal data processing in medical organizations. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2026;1(74):211—216. DOI: 10.25683/ VOLBI.2026.74.1549.