Aspects of medical confidentiality protection in the use of telemedicine technology in healthcare

The article discusses the issue of medical confidentiality arising from telemedicine technologies, medical devices, and medical applications. With digitalization, use of these technologies, devices and applications is associated with the risk of leakage of personal data, breach of medical confidentiality, and disclosure of confidential patient information. It is important to ensure that these risks are mitigated to protect patient privacy and confidentiality. The study examines the legal nature of medical confidentiality, its relationship with other types of secrets, and the reasons why it must be respected. To investigate medical confidentiality, the author also examined the problem of citizens’ inability to access anonymous paid medical services when using telemedicine technologies. The author concluded that complete anonymity cannot be guaranteed, but pseudonymization of patient data can protect the right to anonymous receipt of paid medical services. The article reviews the use of telemedicine technologies by doctors and highlights the risk of disclosure of medical confidentiality when third-party communication applications are used. Statistical data shows that patients’ medical data is compromised in such cases. The article uses formal-legal and comparative methods, analysis, deduction, and induction, to reach its conclusions and to make recommendations. In order to find a solution to the issue of observing medical confidentiality when using medical applications for remote monitoring of a patient’s health status, Russian legislation was compared with foreign legislation as applied. This comparison reveals that Russian legislation does not fully regulate the use of medical applications in this area. Amendments to Russian legislation, based on German and European Union legislation, are proposed. Additionally, a regulatory legal act should be developed to define measures for protecting patients’ confidential information when medical devices and applications are used.