DOSARUL ELECTRONIC DE SĂNĂTATE – REPERE ACTUALE, VULNERABILITĂȚI ȘI SOLUȚII

An application of the new technologies has involved a modern regulation, and the European states have received the electronic form of the patient file and have transposed it into a relatively
recent regulation, and the novelty of the problems and the strict dependence on the IT platforms have led to successive changes in the legislation, at the level of several states. Adjustments,
correlations, adaptations took place at the law-technology border, in relation to the „physical” reality of the national medical system. The electronic health file does not have the role of replacing the „classic” file, in written form. The latter remains in the circuit of the health system and preserves its usefulness, and the medical act is not conditioned by the existence of an electronic file.
From the DES perspective and for the usefulness of the approach undertaken, some guarantees of the protection of private life and personal data were verified. The secrecy of the data concerning health is no longer just a „privacy” between the patient and a limited number of people, but is „displayed” on an IT platform, to which several natural persons/entities have access, the technical access key (matrix, user, password) is entrusted to the users through the administrator, given that the Internet is an environment susceptible to the generation of security breaches. Granting access to the entire electronic file implies that the medical staff is aware of all the information and all the health problems of a person. The secret becomes a „shared” one and the central problem (of the patient) is the control – over the private life, over their own personal data, over the information that, otherwise, they would not want to be disclosed in a virtual environment.
At issue is not only a balance between public interest (public health) and private interest or between personality rights that can end up in a conflicting position. If it will be proven that the interest
of the medical care coordination prevails over the patient’s acceptance, then the electronic file will remain outside the true control of its owner. But, if, on the contrary, the patient has the prerogative of control (with justified, strict, limiting exceptions), then his right to limit access to the file will be recognized.