АКТУАЛЬНІ АСПЕКТИ НОРМАТИВНО-ПРАВОВИХ МЕХАНІЗМІВ ЗАХИСТУ ПЕРСОНАЛЬНИХ ДАНИХ В ЕЛЕКТРОННИХ МЕДИЧНИХ РЕЄСТРАХ В УКРАЇНІ

Abstract

The article, based on the analysis of documents, publications of scientific periodicals, national legislation, international legal documents, examines current aspects of legal mechanisms for personal data protection in electronic medical records in Ukraine.

The legal regime of information as an object of civil law, its features such as non-consumption from a moral point of view, the possibility of replication, as well as the fact that the law does not enshrine the exclusive right to own and use information, except for aspects related to creative intellectual activity. This issue, today, is becoming increasingly important. Therefore, taking into account the constitutional rights, a person not only exercises his rights, but also has the right to their protection, which is embodied not only in the elimination of violations, but also in compensation for material and moral damage. This purposeful approach stimulates the further development of information as an object of civil rights and responsibilities, as evidenced by the adoption of a number of regulations.

These norms created a strong basis for the introduction of new terms into civil circulation, in particular: database, information tools, information technology, information services and information products, information resources, information sovereignty of the state.

In the field of information use, the Doctrine stipulates the comprehensive satisfaction of the needs of public entities of all forms of ownership in access to reliable and objective information. Deepening the digital transformation of society, such as "country in a smartphone", together with the benefits increases society's vulnerability to cyber threats. In order to minimize such threats, steps need to be taken to improve cybersecurity, both in a single country and on a global scale, as network systems spread around the world. An important part of the cybersecurity system is its legal framework, without which it is impossible to effectively combat cybercrime and cybercrime. The problem of effective cybersecurity became relevant with the beginning of the RussianUkrainian war. Solving such problems is not possible locally, without taking into account the global level and the experience of world leaders. Developed countries with leading positions in the field of computer and information technology, naturally aware of this problem, have previously begun to develop scientific and practical measures to combat and prevent cybercrime, gaining considerable experience.In particular, the issues of ensuring free access of each subject of civil law to the information space in the field of public health, tracking offenses in the field of information and bringing to justice the subjects of legal relations. The problem of personal data protection in general, and in the medical field in particular not only in Ukraine but also globally, the introduction of electronic medical information systems requires qualitatively new approaches to the protection of personal data of patients and health professionals.