The individual as a data subject in medical law
The aim of the paper is to reveal the actual specificity and evolutionary perspectives of the legal status of an individual as a subject of data in medical law on the basis of structural and functional analysis. The topic of the article is conditioned by the demand for active changes in the sphere of Belarusian medical law, connected with scientific and technological progress, digitalization, healthcare informatization, as well as sanitary and epidemic threat caused by COVID-19 epidemic, which doesn't decrease its pace. The object of the study is health information (medical secrecy and medical data) as part of the content of the human right to privacy, the subject - the legal regime of medical secrecy and protection of medical data in a digitalized medicine. The introduction updates the legal standard for preventing unlawful interference with a person's privacy in the circulation of medical data. The main part analyzes the legal status of the person as a data subject in medical law. The conclusion gives practical recommendations for changing the norms of the law. Scientific novelty can be seen in the application of a human rights-based approach to the study on three levels: legal, medical and information technology. Application of this approach is based on the principles of privacy of the individual and preservation of personal data, which should be ensured at the legal and organizational levels, regardless of the categorization by formal criteria: patient / other subject. The results of the study can be used both for the development of medical law theory and to improve the "human-centered" law enforcement practice of turnover of information containing medical secrecy and other special (containing information about the state of health) personal data. The article represents a structural part of interdisciplinary scientific and applied research on the issues of human rights protection in the sphere of medical secrecy performed by the group of medical workers and lawyers under the aegis of Center on human rights at the Faculty of international relations of Belarusian State University with the support of R. Wallenberg Institute.