Prawo do ochrony danych medycznych jako prawo człowieka w świetle standardów uniwersalnych, europejskich i krajowych
The right to the protection of medical data as human right in the light of universal, European and national standards

Author(s): Marta Marciniak
Subject(s): Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Summary/Abstract: This paper aims to present the legislative instruments stipulating the human right to the protection of medical data, which is a special category of personal data. We shall discuss the basic concepts of key importance for this subject, i.e., the definition of personal data; the definition of medical data; as well as the definitions of such issues as the processing of personal data and the data controller. The right to the protection of medical data is guaranteed by international law and under the European and Polish legal systems. This paper identifies international regulations governing the right to privacy, as well as the judgments and rulings of international bodies which define the protection of medical data as having the status of fundamental human right. It also presents international regulations directly dedicated to the protection of personal data and Polish regulations, which constitute the internal legal instruments for the protection of medical data.

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