Chaban O. Right to the health data secrecy in Ukraine.

The thesis is devoted to the analysis of the health data confidentiality right of a natural person in Ukraine, to the notions of medical secret, professional secret, privacy and confidentiality. The author underlines and defines the factors that influence on the scale of realization of the health data confidentiality right of a natural person in Ukraine. These are age, professional activity, marital status, legal capacity of the person and others. The scientific attention was given also to the subjects of the health data confidentiality right, their classification and to the object of the right under examination. It is also concluded that the object of the right to the health data secrecy constitutes any information seen, heard, perceived by other means and or understood during the medical assistance and or medical service provided to the person. This information includes personal data of the person seeking medical help and or service, medical and health data including the fact of seeking medical help and or service, health data itself, emotional state related to the health, genetic data, information on private and family life etc. It is proven that the genetic data constitutes the special element of the health data requiring a different way of processing the said data. It is offered to amend the current legislation such as the Law of Ukraine On Insurance, the Law of Ukraine On personal data protection and some others by prohibiting the processing of the genetic data by Insurance companies, employers etc. in order to prevent the discrimination on the ground of genetic information. The peculiarities of the health data protection and defense are analyzed, the problematic issues related to the e-health implementation and harmonization of national legislation to the EU law are examined. The precedents and court practice are studied in order to perfect the principles of the medical confidentiality in legal and medical practice in Ukraine.