*2.8.1 Medical secrecy and concealment of the diagnosis*

In view of the above, a question arises about the consequences of concealing the diagnosis of epilepsy. The following should be answered in this regard:


Thus, the constituent elements of the above medical secrecy are the fact and date of application for medical care, diagnosis, treatment, status, history of the disease, information about associated diseases (sexually transmitted infections, HIV

**197**

*Problems of Social Rights Enjoyment by Persons Diagnosed with Epilepsy: Legal Aspect*

diagnoses, for example, cancer and neurological, in particular epilepsy.

infection, infertility, other gynecological pathology, genetic abnormalities, etc.), and history of life (adultery, homosexual orientation, sexual perversions, abortion, the concealment of true paternity in legal marriage, suicide attempts, etc.). The disclosure of this information can not only degrade the honor and dignity of patients and contribute to their discrimination in society but also cause auto-aggressive reactions (suicides). Similar consequences may also occur due to the disclosure of other

It should also be noted that the disclosure of information constituting medical secrecy is the basis for bringing to administrative and criminal liability. According to Article 13.14 of the Code of Administrative Offenses of the Russian Federation, disclosure of information, access to which is restricted by federal law (except for cases when disclosing such information entails criminal liability), by a person who has obtained access to such information in connection with the performance of official or professional duties shall be subject to an administrative fine of citizens in the amount of from 500 to 1000 rubles and of officials from 4000 to 5000 rubles [52]. In accordance with clause 2 of Article 137 of the Criminal Code of the Russian Federation [53], illegal collection or spreading of information about the private life of a person which constitutes his personal or family secret, without his consent, or the distribution of this information in a public speech, in a publicly performed work or in the mass media, committed by a person using his/her official position, shall be punishable with a fine in the amount of from 100 thousand to 300 thousand rubles, in the amount of the wage or salary, or any other in come of the convicted person for a period of from one to two years, or by deprivation of the right to hold specified offices or to engage in specified activities for a term of from two to five years, or by forced labor for a term of up to four years accompanied by deprivation of the right to hold specified offices or to engage in specified activities for a term of up to five years or without such, or by arrest for a term of from four to six months, or by deprivation of liberty for a term of up to four years accompanied by deprivation of the right to hold specified offices or to engage in specified activi-

Thus, a doctor who made and/or supervises a patient with a diagnosis of epilepsy does not have the right to disclose the diagnosis, except in cases established by the Law (such a case would be, for example, a request from a prosecutor or a judge in a

A different matter is the concealment of the diagnosis by the doctor who participates in mandatory preliminary and periodic medical inspections when admitting to various types of work and driving a vehicle, where he/she is individually responsible for the decision made. Here, the responsibility for concealing a diagnosis is

Issues of disclosure of medical secrecy have been developed with the introduction of a regional fragment of a unified state information system in the field of health care due to its inconsistency with the norms of modern legislation of the

RMIS as an element of the national information system created to ensure effective information support for bodies and organizations of the health care system, as well as citizens in the framework of health care management processes and its direct receipt. The development of the system is governed by the Concept of creating a unified state information system in the health sector, approved by order of the Ministry of Health and Social Development of the Russian Federation No. 364

*DOI: http://dx.doi.org/10.5772/intechopen.89007*

ties for a term up to five years.

specific criminal or administrative proceeding).

*system in the field of healthcare*

Russian Federation (RMIS).

directly proportional to the consequences of a given violation.

*2.8.2 Medical secrecy and a regional fragment of a unified state information* 

#### *Problems of Social Rights Enjoyment by Persons Diagnosed with Epilepsy: Legal Aspect DOI: http://dx.doi.org/10.5772/intechopen.89007*

infection, infertility, other gynecological pathology, genetic abnormalities, etc.), and history of life (adultery, homosexual orientation, sexual perversions, abortion, the concealment of true paternity in legal marriage, suicide attempts, etc.). The disclosure of this information can not only degrade the honor and dignity of patients and contribute to their discrimination in society but also cause auto-aggressive reactions (suicides). Similar consequences may also occur due to the disclosure of other diagnoses, for example, cancer and neurological, in particular epilepsy.

It should also be noted that the disclosure of information constituting medical secrecy is the basis for bringing to administrative and criminal liability. According to Article 13.14 of the Code of Administrative Offenses of the Russian Federation, disclosure of information, access to which is restricted by federal law (except for cases when disclosing such information entails criminal liability), by a person who has obtained access to such information in connection with the performance of official or professional duties shall be subject to an administrative fine of citizens in the amount of from 500 to 1000 rubles and of officials from 4000 to 5000 rubles [52]. In accordance with clause 2 of Article 137 of the Criminal Code of the Russian Federation [53], illegal collection or spreading of information about the private life of a person which constitutes his personal or family secret, without his consent, or the distribution of this information in a public speech, in a publicly performed work or in the mass media, committed by a person using his/her official position, shall be punishable with a fine in the amount of from 100 thousand to 300 thousand rubles, in the amount of the wage or salary, or any other in come of the convicted person for a period of from one to two years, or by deprivation of the right to hold specified offices or to engage in specified activities for a term of from two to five years, or by forced labor for a term of up to four years accompanied by deprivation of the right to hold specified offices or to engage in specified activities for a term of up to five years or without such, or by arrest for a term of from four to six months, or by deprivation of liberty for a term of up to four years accompanied by deprivation of the right to hold specified offices or to engage in specified activities for a term up to five years.

Thus, a doctor who made and/or supervises a patient with a diagnosis of epilepsy does not have the right to disclose the diagnosis, except in cases established by the Law (such a case would be, for example, a request from a prosecutor or a judge in a specific criminal or administrative proceeding).

A different matter is the concealment of the diagnosis by the doctor who participates in mandatory preliminary and periodic medical inspections when admitting to various types of work and driving a vehicle, where he/she is individually responsible for the decision made. Here, the responsibility for concealing a diagnosis is directly proportional to the consequences of a given violation.
