Issue: № 5, 2024
Doi: https://doi.org/10.37634/efp.2024.5.8
The paper reveals the role and problems of determining the specifics of legal protection of personal data in the field of health care, which is the most important foundation of development for current and future generations for the level of health and preservation of the gene pool of the people of Ukraine. According to the current legislation, every person has a natural, inalienable and inviolable right to health care. Society and the state are responsible to present and future generations for the level of health and preservation of the gene pool of the people of Ukraine, ensure the priority of health care in the activities of the state, improvement of working conditions, education, living and recreation of the population, solving environmental problems, improving medical care and introduction of a healthy lifestyle. in recent years, a number of systemic shifts and digital transformations have taken place in health care. Basic legislative acts were adopted, in which eHealth and digital tools are defined as essential for the development of the field. The Government of Ukraine has approved a five-year concept for the development of electronic health care, which defines the goal and main directions of the development of electronic health care, the current state of affairs, existing problems and ways to solve them, as well as expected results and issues of resource provision. In our state, conditions have been created for the protection of personal data in the field of health care, which is the most important foundation of development for current and future generations for the level of health and preservation of the gene pool of the people of Ukraine. At the same time, there are difficulties in the implementation of rights in the field of health care, not all aspects of electronic health care work at full capacity, and ensure the priority of health care in the activities of the state, improvement of working conditions, education, living and recreation of the population , solving environmental problems, improving medical care and introducing a healthy lifestyle.
Keywords : personal data, health care, medical data, information law, medical information, security, constitutional rights, rights and obligations, Human Rights, the right to protection
References:
1. Constitution of Ukraine: Law of Ukraine dated 28.06.1996 No. 254k/96-ВР. URL: https://zakon.rada.gov.ua/laws/show/254к/96-вр#Text (in Ukrainian).
2. Fundamentals of Ukrainian legislation on health care: Law of Ukraine dated 11/19/1992 No. 2801-XII. URL: https://zakon.rada.gov.ua/laws/show/2801-12#Text (in Ukrainian).
3. On the approval of the Concept of the development of electronic health care: Order of the Cabinet of Ministers of Ukraine; Concept dated 12/28/2020 No. 1671 URL: https://zakon.rada.gov.ua/laws/show/1671-2020-р#Text (in Ukrainian).
4. The decision of the Constitutional Court of Ukraine in the case based on the constitutional submission of 53 People's Deputies of Ukraine regarding the official interpretation of the provision of the third part of Article 49 of the Constitution of Ukraine "in state and communal health care institutions, medical care is provided free of charge" (the case about free medical care): Decision of the Constitutional Court of the Court of Ukraine No. 10-рп/2002 dated 05/29/2002. URL: https://zakon.rada.gov.ua/laws/show/v010p710-02#Text (in Ukrainian).
5. On the protection of personal data: Law of Ukraine dated 01.06.2010 No. 2297-VI. URL: https://zakon.rada.gov.ua/laws/show/2297-17#Text (in Ukrainian).
6. Clarification of the main provisions of the Notification Procedure of the Commissioner regarding the determination of personal data processing, which poses a special risk for the rights and freedoms of the subjects of personal data dated January 8, 2014. URL: http://www.pap.in.ua/1_2015 /48.pdf (in Ukrainian).
7. On state financial guarantees of medical care for the population: Law of Ukraine dated October 19, 2017 No. 2168-VIII. URL: https://zakon.rada.gov.ua/laws/show/2168-19#Text (in Ukrainian).
8. Civil Code of Ukraine: Law of Ukraine dated January 16, 2003 No. 435-IV. URL: https://zakon.rada.gov.ua/laws/show/435-15#Text (in Ukrainian).
9. Bryhinets O.O. Civil liability for breach of contract. Economics. Finances. Law. 2022. No. 3. pp. 19-21. (in Ukrainian).
