Contemporary Issues of Access to the Information Concerning Health Status of the Person in Criminal Procedure

Ensuring of a person’s right on privacy is of particular importance criminal procedure and investigative activities, because in their implementation a significant limitation of constitutional rights and freedoms of the individual is allowed on the part of the state. Taking above mentioned into account, the legislator has included to the foundations of criminal procedure also «privacy», where everyone is guaranteed non-interference in the private (personal and family) life during criminal procedure. At the same time common situation, when the employees of operative divisions and bodies of preliminary investigation need to obtain information about the health condition of a person or information constituting a medical secret, which actually covered by the conception of «private life», are widespread in law enforcement. Therefore, a clear definition of procedural right of access to information about the health condition of aperson in criminal procedure and in the implementation of investigative activities is of special
importance. The solution of this problem concerns the definition of the pattern and a clear distinction between the individual ways of gathering evidence, in particular, the solicitation and obtaining material objects, documents and data from individual subjects and gain temporary access to objects such as measures to ensure criminal procedure.Information about the stay of persons in psychiatric treatment in a psychiatric medical institution by its nature is information that directly or indirectly points to the fact that the application of a person for psychiatric help or the provision of such aid, which in accordance with the legislation of Ukraine belongs to the category «information about the health condition of a person» and is protected by the legal regime of confidential information. Along with this, information about the disease, medical examination, inspection and their results, intimate and family life of the citizen, in accordance with applicable law, form the content of medical confidentiality, therefore is protected by the legal regime of classified information. Obtaining secret and confidential information, including data about the fact of stay of the person on the account in a psychiatric institution during a criminal procedure or investigative activities should be carried out through temporary access to material objects and documents.