Protection of Medical Data in the Practice of the European Court of Human Rights Cover Image

Защита на медицинските данни в практиката на Европейския съд по правата на човека
Protection of Medical Data in the Practice of the European Court of Human Rights

Author(s): Momchil Mavrov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: medical data; sensitive personal data; Right to respect for private and family life; the European Court of Human Rights

Summary/Abstract: In today's information society, the protection of citizens' personal data is becoming a serious challenge for governments in all countries. The free exchange of information through the different information and communication technologies has indisputable advantages but, at the same time, it puts at risk one of the fundamental rights of every individual - the right to respect for private and family life. That right also includes in its content the right to confidentiality of the medical data of any person. The confidentiality of these data is a fundamental principle in the legal systems of all European countries. In order to ensure a sufficiently high level of protection of personal data, including medical information, the international community has adopted a number of legal acts. Do they, however, provide such a level shows the practice of the various jurisdictions that control the correct application of the legal framework. This article analyzes part of the case law of the European Court of Human Rights issued in connection with violations of the confidentiality of citizens' medical data in the context of Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

  • Issue Year: 2019
  • Issue No: 2
  • Page Range: 43-54
  • Page Count: 10
  • Language: Bulgarian