ВОЗМОЖНОСТЬ ТРАНСГРАНИЧНОЙ ПЕРЕДАЧИ СВЯЗАННЫХ СО ЗДОРОВЬЕМ ПЕРСОНАЛЬНЫХ ДАННЫХ В РАМКАХ ЕАЭС: РЕАЛЬНОСТЬ, ПЕРСПЕКТИВЫ

Translated title of the contribution: POSSIBILITY OF TRANSBOUNDARY TRANSFER OF HEALTH-PERSONAL DATA WITHIN THE EAEU: REALITY, PROSPECTS

Research output: Contribution to journalArticlepeer-review

Abstract

In the article, the authors analyze the possibility of cross-border transfer of personal data related to health, separately considering the possibility of such a transfer within the EAEU. The authors pay special attention to the analysis of the correlation of the concepts of medical confidentiality and personal data related to the state of health, the peculiarities of regulating the cross-border transfer of this information according to Russian legislation, as well as the consideration of the Unified State Information System in the field of health care created in the Russian Federation (hereinafter - the Unified State Health Insurance System, a unified system). The authors also consider the possibility of using a single system for cross-border data transfer, indicate the main risks of such use, and also determine the set of necessary additions for Russian legislation in order to use the EGISP in cross-border data transfer. Separately, the authors analyze the possibility of transferring personal data related to the state of health in the framework of the Eurasian Economic Union, which is often discussed within the EAEU digital agenda. The authors analyzed the permissibility of such transfer under the EAEU as a whole, the proposals put forward in its support, namely the adoption of a separate agreement about the delivery of health care by participating countries of the EAEU any citizens of member States of the Union, the adoption of the act on transfer of personal data about the health of the citizens of the EAEU member States and the creation of a single digital platform for the provision of such transfer (including, subject to the establishment of safety requirements the transfer of such data and penalties for violation of these requirements), as well as the identification of specially authorized state bodies in each of the EAEU countries in order to ensure responsibility for the transfer of this category of data.
Translated title of the contributionPOSSIBILITY OF TRANSBOUNDARY TRANSFER OF HEALTH-PERSONAL DATA WITHIN THE EAEU: REALITY, PROSPECTS
Original languageRussian
Pages (from-to)65-73
Number of pages9
JournalМЕНЕДЖЕР ЗДРАВООХРАНЕНИЯ
Issue number7
DOIs
StatePublished - Jul 2020

Keywords

  • MEDICAL CONFIDENTIALITY
  • PERSONAL DATA
  • CROSS-BORDER TRANSFER OF PERSONAL DATA
  • UNIFIED HEALTH INFORMATION SYSTEM
  • Eurasian Economic Union

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