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Giedrius Mozūraitis

Abstract

Ensuring a confidentiality of information on the health status of a patient is one of the most frequent problems met by person’s health care professionals and scientists in their practice. From the times of Hippocrates a confidentiality of information on the health status of a patient is traditionally a part of medical deontology. However, it is recognized that the principle of confidentiality is not absolute, and it can be limited according to the
exception provided in the Article 8 Part 2 of the European Convention for Protection of Human Rights and Fundamental Freedoms when such limitation is required by the interests bound with the state security, public order or national economic welfare in a democratic society striving to prevent violations of law or crimes, also to protect the health or the morality of the population as well as the rights and freedoms of other persons; however, the contents of the factual reasons for limitation of confidentiality is not always clear. So, upon existence of certain legal and factual reasons, the principle of confidentiality of information on the health status of a patient can be limited; however, frequent misusing of power by subjects (employers, insurance companies and so on) or ordinary carelessness of data managers or lack of enlightenment (qualification) of doctors and patients cause a conflict of interests of an individual, a doctor and the public in the sphere of health care services.

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