Importanța informației medicale (I)
The importance of medical information (I)

Summary/Abstract: Medical information has not been approached from a practical point of view until now. In the national area, no studies were found regarding the nature, legal regime, content and practical situation of special personal data, which includes medical information. This study aims to develop the practical situation of medical information, included in the category of special personal data. These are currently recorded in medical files kept in script format, which do not benefit from a coherent regulation and which lack guarantees for the patient’s rights regarding the processing of these data. The protection of the right to the processing of special personal data is conferred by European regulation and common law, in the absence of a special regulation designed to ensure the right to the protection of this type of data (medical information). Regulation (EU) 679/2016 contains an extensive regulation of special personal data, through which the medical information and its nature were analyzed in this study. The European norm recognizes a fundamental right to the protection of personal data, which affects medical information. Thus, the legal regime of the right to the protection of special personal data (medical information) was analyzed, as well as the legal nature of these data of public utility, with all the consequences arising from this aspect. In this context, the conflict between this fundamental right and the public interest is addressed, with the aim of providing a solution to solve this conflict. The solution can be the exceptional character of the processing of special personal data, without the consent of the owner of this data. The implications brought by this legal character of the medical information were analyzed, as a pioneer, in the present paper. No further, the present study can form a basis for proper regulation and compliant implementation of the medical record.

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