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

• Author: Laurentia Florentina Gaisteanu (Stefan)
• Pages: 135-143

LESIJ NO. XXV, VOL. 1/2018

THE CONFIDENTIALITY OF THE MEDICAL ACT IN THE

DEPRIVATION OF LIBERTY ENVIRONMENT

Laurenia Florentina GIŞTEANU (ŞTEFAN)

Abstract

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:

laurentiastefan@yahoo.com).

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

consequences1.