Doctors can be fined 68 thousand hryvnias for disclosing a patient's diagnosis: what the law provides

Information about a person's health condition is among the most sensitive personal data and is under special legal protection. Details about a diagnosis, examination results, the fact of visiting a doctor, or even certain circumstances of a patient's personal life cannot be freely disclosed to third parties. At the same time, Ukrainian legislation provides a number of exceptions when medical workers have the right or obligation to disclose such information. In which cases medical confidentiality can be disclosed and what liability is provided for its illegal dissemination — further in the article.

What belongs to medical confidentiality

Medical confidentiality refers to information about a person's illness, medical examination, inspection and their results, as well as information about intimate and family aspects of a person's life. Such data cannot be disclosed by medical workers or other persons who became aware of it in connection with the performance of professional or official duties.

The patient has the right to keep information about their health condition, the fact of seeking medical assistance, the established diagnosis, and any information obtained during medical examination confidential.

Who has the right to receive information about health status

The law defines the circle of persons who may receive information about a patient's health condition.

In particular, an adult person has the right to accurate and complete information about their own health condition, as well as to familiarize themselves with medical documents related to their treatment and examination.

Parents, adoptive parents, guardians, and custodians have the right to receive information about the health condition of a child or ward.

In the event of a person's death, such information may be provided to family members or other persons who have the appropriate authority.

When a doctor can disclose medical information

Despite the general rule of confidentiality, the legislation provides cases when disclosure of medical information is permitted.

Medical data about a patient may be disclosed:

• with the written consent of the patient;
• based on a motivated request from inquiry bodies, investigation, prosecution, court, or sanitary-epidemiological service;
• if maintaining medical confidentiality creates a significant threat to the life or health of the patient or others, including cases of dangerous infectious diseases;
• when involving other medical specialists in treatment for whom such information is professionally necessary.

Disclosure of mental health information without patient consent

Separate rules apply to information about a person's mental state and the provision of psychiatric care.

Disclosure of such data without the consent of the person or their legal representative is permitted for:

• organizing psychiatric care for a person suffering from a severe mental disorder;
• conducting a pre-trial investigation;
• preparing a pre-trial report regarding the accused;
• consideration of the case by the court based on a written request from an investigator, prosecutor, court, or representative of the authorized probation body.

Liability for disclosing medical confidentiality

Illegal dissemination of medical information in Ukraine entails criminal liability.

According to Article 132 of the Criminal Code of Ukraine, disclosure by an official of a healthcare institution, medical worker, or another person of information about HIV testing or another dangerous incurable infectious disease, as well as information about the results of such testing, is punishable by a fine from 50 to 100 non-taxable minimum incomes of citizens (from 850 to 1700 UAH), community service up to 240 hours, correctional labor up to two years, probation supervision up to three years, or restriction of liberty for the same term. The court may also deprive the guilty person of the right to hold certain positions or engage in certain activities for up to three years.

At the same time, Article 145 of the Criminal Code of Ukraine provides liability for intentional disclosure of medical confidentiality by a person who became aware of such information in connection with the performance of professional or official duties if it caused serious consequences. In this case, the punishment may be a fine from 1000 to 4000 non-taxable minimum incomes of citizens (from 17,000 to 68,000 UAH), community service up to 240 hours, deprivation of the right to hold certain positions or engage in certain activities for up to three years, or correctional labor for up to two years.

What patients should know

The right to medical confidentiality is one of the basic rights of a patient. At the same time, such confidentiality is not absolute: in cases defined by law, information about health status may be transmitted to other persons or state bodies. Therefore, it is important for both patients and medical workers to know the limits of permitted disclosure and the consequences of violating the rules established by law.

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