| PDF: |
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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. |