Medical secrecy and right to privacy in the era of e-health – comments in the context of the Medical Information System

Abstract

The development of modern ICT technologies and their use in the health care sector are phenomena that contribute to improving the quality and availability of health services. This type of solution is the Medical Information System (SIM), which collects information on health services provided. Currently, these data are transferred to SIM without obtaining the patient's prior consent, and even if the patient expressly opposes their transfer. At the same time, health information is protected under the constitutional right to privacy, which entitles the individual to keep this information confidential. Their protection in this respect is ensured by medical confidentiality and proper securing of medical records. Therefore, the question arises whether solutions such as SIM do not excessively interfere with the right to privacy and thus make medical secrecy an institution of an illusory nature. The article aims to resolve the above dilemmas.