Impact of Russian Medical Secrecy and Data Restriction Laws on Research

Author Name(s): Kamil M. Arslanov, Ayrat R. Davletshin
Author Email: kam.arslanov@gmail.com

Abstract

A feature of non-property rights is their non-material nature, as well as the fact that the law does not determine the limits for their enjoyment but establishes the boundaries of invasion of personal privacy of others. In civil law, non-property rights are recognized as independent subjective rights, the task of which is to protect the privacy of a person from outside interference. The paper analyzes various interbranch connections of law, the mutual influence of private and public interests in establishing a regime of medical secrecy. Medical secrecy means a special legal regime of restricted access data, which differs from other legal regimes in its focus on organizing information about a person’s life and health as non-material values belonging to him from birth. The goal pursued by the establishment of a special regime of medical secrecy is to balance the private and public interests, taking into account the fact that human life is the most important value. The Russian Constitution interprets life as the very first and most important intangible benefit (Article 20 of the Russian Constitution). The authors conclude that organizing information about human life and health, establishing an appropriate regime is important for both the patient (private interest) and society as a whole (public interest). Public interest arises, for example, when it comes to certain diseases that threaten the life of society. Therefore, it is important to establish the correct mode of information about human life and health – the establishment of medical secrecy.

Introduction

In case of secrecy consisting of specific information, it should be noted that the latter is governed by certain legal regimes that provide the necessary protection. The emergence of this kind of legal regimes of restricted access is connected with the development of information technology and an increase in the volume of information in general [1]. The fundamental role is played by the specifics of personal non-property relations developing around medical secrecy. Therefore, it is necessary to establish the legal nature of medical secrecy. However, before this, it is important to determine which branch of law medical law itself belongs to, since, based on the answer to the question posed, it will be possible to define what medical secrecy is. An analysis should also be made of what legal regulation is received by personal non-property relations, in general, and medical secrecy, in particular. Medical law is a system of rules governing public relations in the field of health care, the provision of medical care and services [2]. Based on the subject of regulation and political and legal ideas that the legislator invests in the idea of legal regulation, it can be concluded that the imperative method is prevailing, but private law methods are used for individual institutions. Therefore, a theoretical basis is needed to justify that regulation may be interbranch inherent in various branches of law. Interbranch legal regulation should be understood as the use of legal means inherent in different branches of law. A certain community of public relations regulated by law predetermines interbranch legal regulation. In particular, such a community in the field of consumer protection was formed with the help of goal-setting – the need to ensure comprehensive legal protection of the legal rights of the weaker party [3]. An authorized person is opposed by an indefinite number of subjects, while non-property rights are absolute. A person is free to determine behavior in the process of life, interference in the private sphere is excluded, except as provided by law, which is the basis of civil law protection of privacy [4].

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