Globalization and European integration processes are the factors engendering the need to adapt national legislation to the standards and regulations of the European Union member States and to create a single legal space. This applies both to appropriate legal protection of personal non-property rights of an individual in general, and the right of an individual to secrecy of his/her personal health information in Ukraine in particular. At least these institutions require a thorough research and a legal analysis. The issue under study is sensitive and human-centered, since the information we study is particularly sensitive, as the European Court of Human Rights (ECHR) has repeatedly noted in its judgments: ‘Protection of personal information (especially medical data) is fundamental to the exercise of the right to respect for private and family life. Confidentiality of personal health information is a fundamental principle of the legal system of all Contracting States of the Convention’ (M.S. v. Sweden, 1997).

The article aims at outlining the range of entities permitted to obtain, on lawful grounds, the information covered by medical privacy, and also at lifting the veil on legally regulated cases in which medical privacy may be disclosed and confidential information may be uncovered for reasons of public interest.

In scientific research, the following methods of scientific cognition of legal phenomena were used: formal legal method – for a comprehensive characterization of legislation in the analyzed area; interpretation of law – to clarify the content of relevant legal provisions and the essence of evaluative concepts; study of legal practice – to generalize the law application practice.

The study focuses on those cases where disclosure of information and/or data covered by medical privacy is lawful or, as the ECHR notes in its judgments, is according to law.

Bibliography

Authored books

1. Djuvernua N, Chtenija po grazhdanskomu pravu [Civil Law Readings] (Tipografija M M Stasjulevicha 1902) (in Russian).

2. Petruhin I, Lichnye tajny (chelovek i vlast’) [Personal Secrets (Man and Power)] (Institut gosudarstva i prava RAN 1998) (in Russian).

3. Savic’ka A, Vozmeshhenie ushherba, prichinennogo nenadlizhashhim vrachevaniem [Compensation for Damages Caused by Improper Medical Treatment] (Vishha shkola 1982) (in Russian).

4. Stefanchuk R, Osobysti nemainovi prava fizychnykh osib u tsyvilnomu pravi (poniattia, zmist, systema, osoblyvosti zdiisnennia ta zakhystu) [Personal Non-Property Rights of Individuals in Civil Law (Concept, Content, System, Specifics of Implementation and Protection)] (Vyd-vo Khmelnytskoho un-tu upravlinnia ta prava 2007) (in Ukrainian).

Conference papers

5. Tereshko K, ‘Pravo na tajnu o sostojanii svoego zdorov’ja’ [‘The Right to Privacy of Personal Health Information’] v Chelovek v global’nom mire: materialy Mezhdunarodnoj nauchnoj konferencii (g. Voronezh, 18–20 maja 2015 g.) [Man in the Global World: Materials of the International Scientific Conference (Voronezh, May 18–20, 2015)] (Butusova N i Ananiev J red, Izdatel’skij dom VGU 2015) 220–4 (in Russian).