Civil liability of a medical organization for personal data leakage

Relevance. When considering claims for leakage of information constituting the patient's personal data and his medical confidentiality, the courts give a different assessment of the grounds for civil liability of medical organizations. The article reveals the established approaches to assessing the guilt of a medical organization that violated the confidentiality of personal information of citizens who applied for medical help. The purpose of the study is to supplement theoretical provisions aimed at deepening scientific knowledge about the civil liability of medical organizations for the unlawful dissemination and (or) use of patient's personal data, including information related to medical confidentiality; development of proposals to eliminate the imbalance of the patient's personal data confidentiality regime and his right to legal assistance. Objectives: analyze civil legislation, legislation on personal data, the positions of the Constitutional and Supreme Courts of the Russian Federation regarding the protection of patient personal data, decisions of courts of general jurisdiction on claims of liability of medical organizations for unlawful actions with personal data that resulted in the leakage of personal information about patients; to study and update the proposals available in theory aimed at uniform law enforcement in cases of this category. Methodology. The study was carried out through methods of induction and deduction, analysis and synthesis, formal-legal, system-analytical and formal-logical methods, as well as a method for generalizing judicial practice. The results are reflected in the formulated proposals aimed at improving the judicial protection of personal data of patients of medical organizations, and the uniformity of judicial practice in terms of the responsibility of medical organizations in cases of this category. Conclusion. In cases of responsibility of medical organizations for the leakage of personal data of patients, uniform law enforcement did not work out. The right of a lawyer to access the personal data of persons who received medical assistance did not receive an unambiguous assessment by judicial practice. To eliminate the existing gaps in the protection of the intangible benefits of the patient under consideration, the need to exclude their personal data from the confidentiality regime for the administration of justice and in the provision of qualified legal assistance under the contract is argued.