Members of Parliament have developed a new draft law concerning medical information of persons liable for military service. Information on the results of medical examinations to determine the fitness of conscripts, persons liable for military service, and reservists is effectively stripped of medical confidentiality guarantees – it will be automatically transferred to the Register «Oberig».
Amendments to the Law «Fundamentals of the Legislation of Ukraine on Healthcare» provide for the removal of medical confidentiality guarantees from information on the results of medical examinations of conscripts, persons liable for military service and reservists conducted to determine their fitness for military service. The corresponding draft law No. 12066 was registered in the Verkhovna Rada by a group of MPs led by Oleksandr Zavitnevych and Oleksandr Fediyenko («Servant of the People»).
The current law stipulates that information interaction between the electronic healthcare system (EHS) and other registers is carried out in compliance with the requirements of the Law «On Personal Data Protection». It is important that during the information interaction, access to medical information about the patient is not allowed. This is directly provided for by law.
The new draft law proposes that the EHRMS should also automatically transfer data to the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists «Oberih». At the same time, access to the patient’s medical information will be allowed for the purpose of «obtaining information by the Ministry of Defense of Ukraine on the results of medical examinations of conscripts, persons liable for military service and reservists conducted to determine their fitness for military duty for inclusion in the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists for the purpose of ensuring national security and defense».
At the same time, the law on the Register of Conscripts, Persons Liable for Military Service and Reservists is amended to provide that the Ministry of Health shall submit to the Register «Oberih» information on the results of medical examinations conducted to determine fitness for military duty. The Register «Oberig» will receive the data through electronic interaction with the ESOZ.
Source: Judicial and legal newspaper
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