Institutionalization of the Russian Model of Legal Regulation of Telemedicine in the Context of Protection of Personalized Patient Information

The rapid development of telemedicine necessitates timely legal regulation of this field. However, at present in Russia, as in many foreign countries, such regulation is being formed sporadically. In order to achieve systematic and phased development of telemedicine technologies, while ensuring that the level of guarantees for patients’ rights does not decrease, it is essential to formulate unified basic approaches to regulating the use of these technologies in the Russian Federation. This article aims to find an optimal model for the legal regulation of telemedicine based on its institutionalization, with the goal of minimizing information risks in the implementation of telemedicine technologies. The goals of the study include a comparative analysis of foreign legislation and international legal acts regulating relevant legal relations; classification of regulatory models used by foreign states; analysis and systematization of gaps in current Russian legislation; synthesis of the data obtained and development of proposals based on them to improve the current legal model of telemedicine regulation in the Russian Federation. The article presents an analysis of the factors that cause the commission of offenses in the sphere of turnover of personalized medical information. The authors systematize the approaches used in foreign countries to legal regulation and organization of the medical care system using telemedicine technologies. Based on the information received, the authors propose an optimal model for the Russian Federation for regulating the area under study, providing for the introduction of a qualified party to legal relations — the operator of a medical information system.