The Confidentiality Of The Medical Act In The Deprivation Of Liberty Environment

AuthorLaurentia Florentina Gaisteanu (Stefan)
LESIJ NO. XXV, VOL. 1/2018
Laurenia Florentina GIŞTEANU (ŞTEFAN)
Respecting the medical secrecy is one of the essential conditions underlying the protection of
private life. Medical information obtained from patients in the context of a physician - patient
relationship should be protected by confidentiality. Disclosure of personal health car e data without the
agreement of the person is a touch br ought to private life. One particula r feature of the health ca re
system is the healthcare provided to patien ts in detention. Even though the doctor-patient r elationship
in the penitentiar y environment has a number of peculiar ities, it is coordinated accor ding to the same
ethical pr inciples as in the public one. The penitentiar y physician's duty is not limited to consulta tion
and trea tment, he often becomes the prisoner's per sonal physician, and the means of relationship must
respect the fundamental rights of the patient, r egardless of his or her status.
In the penitentia ry system, ther e ar e a lso many dilemmas arising from the duties of the
medical staff, the first of the detainee's per sonal physician and the second of the penitentia ry
administration' s counselor.
The medical specialist in a penitentiary must take into account that communicating with the
patient is essentia l in the doctor-patient relationship and she must be sincer e. In determining the
attitude of the pa tient towards the doctor a nd the medical act, the context of the first contact with the
doctor, the way in which the first medica l consultation ta kes place, is of great importa nce. Trust is
gradua lly gaining, and medical staff must strive to demonstrate tha t they can ensure the pro tection of
prisoners' medical recor ds.
Keywords: medical secret, penitentiar y, health condition, detainee, secr et.
1. Introduction
Exercising certain professions
involves, in many cases, getting the relevant
professional from another person to have
information about it and which, if disclosed
to someone else, could cause injury. All this
information obtained by a p erson in the
exercise of his profession or practicing his
profession falls within the broader concept
of professional secrecy. Professional
PhD Candidate, Faculty of Law, Nicolae Titulescu”ă University,ă Bucharest (e-mail:
1 Ilie Dumitru, Legal considerations on medical professional confidentiality, between the obligation to preserve and
the obligation to disclose it, Universul Juridic Magazine, no. 9, 2016, pp. 85-99.
secrecy, though it seems a simple notion,
involves many nuances, involves many
facets, determined not only by the multitude
of professions / professions in which the
obligation of professional secrecy is
imposed. But the issue of deter mining the
extent of the obligation of professional
secrecy is as old as the secret itself. It was
born in the context in which it was obvious
that the strict application of the principle of
professional secrecy ca n have disastrous

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