Medical confidentiality as an element of privacy vs. public interest in crime disclosure: striving for balance
Year: 2025
Type: article
Abstract: OBJECTIVE: Aim: This article aims to raise awareness and stimulate scientific discussion on the issue of protecting medical confidentiality during criminal proceedings, with the goal of further improving legal tools to ensure compliance with the standards of the European Court of Human Rights (hereinafter referred to as the ECHR) in this field. PATIENTS AND METHODS: Materials and Methods: In preparing the article, the following issues were addressed: the provisions of international legal acts; the legal positions of the ECHR related to the protection of medical confidentiality in criminal proceedings; and scientific research in this field. The methodological basis of the research includes the method of generalization, methods of analysis and synthesis. CONCLUSION: Conclusions: The right to confidentiality regarding health status may be restricted during criminal procedural activities in forms prescribed by law. Such a restriction will be considered lawful and justified in a democratic society, provided that the interference meets the set of criteria established by the practice of the ECHR. The storage of biological material outside the scope of criminal proceedings is, in some cases, justified to safeguard public interests in a democratic society; however, under certain conditions, it may conflict with the principles of the presumption of innocence and the right to privacy.
Source: Wiadomości Lekarskie
DOI: 10.36740/wlek/197335
Authors: Dariia Abbasova, Olga Tyshchenko, Ivan Titko
Institution: Yaroslav Mudryi National Law University
Language: English
Topic: Criminal Law and Evidence
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4408808937