In an endeavor to the Minister of Health, Labor and Social Protection, the People’s Advocate draws attention upon the inadmissibility of disclosing personal data when presenting information about the epidemiological situation in the country, the number of new cases of COVID-19 infection, victims of the virus and causes of death during this period.
The Ombudsman points out that, under national law, health data CANNOT be disclosed, only with the slightest exceptions provided by law. Thus, Law no. 263 of 27.10.2005 regarding the rights and responsibilities of the patient, expressly stipulates in art. 12 ensuring the patient’s right to confidentiality of data related to medical secrecy. Thus, all data on the patient’s identity and condition, the results of investigations, diagnosis, prognosis, treatment, as well as personal data, are confidential and will be protected after patient’s death. The same article stipulates that any interference in the patient’s private and family life without his/her consent is prohibited. Information that is considered confidential can only be provided if the patient explicitly consents or at the request of his / her legal representative (close relative).
Also, the People’s Advocate expresses its concern about the manner the information is disseminated by some representatives of the media(1), through which details are provided regarding the health status of the infected persons and their identity is made public.
The People’s Advocate does not find the legitimacy of the purpose pursued by the presentation by the media representatives of other data about the health condition than the infection with COVID-19, as well as the identity of the patients. Moreover, these actions could be interpreted as interfering with patients’ privacy.
The People’s Advocate reiterates that the right to information of media representatives and individuals is limited to information of public interest. In this regard, the European Court of Human Rights has ruled in principle value that, anyone who enforces the freedom of expression assumes “duties and responsibilities” the extent of which depends on the specific situation(2). Only by respecting these duties and responsibilities does the press fulfill its essential function in a democratic society, without exceeding certain limits, especially in terms of reputation and / or health.
The guarantee offered to the press representatives of art.10 of the European Convention on Human Rights on topics of general interest is subject to the principle of good faith, which involves providing information in accordance with journalistic ethics – the privacy of persons will not a subject for information, if it does not serve the public interest.
Thus, the Ombudsman urges the authorities that process citizens’ personal data during this period, when interacting with the medical system, to take all necessary measures to ensure the protection of personal data, in particular medical data.
The communication by the competent authorities of the updated information on the epidemiological situation in the country is very important, and also communication on the danger caused by COVID-19 and the infection protection measures. However, the disclosure of sensitive data (such as health data) of certain persons should be avoided during these communications, and it is recommended that such data be processed only if additional technical and organizational measures are taken.
Also, in another endeavor, the People’s Advocate requests the President of the Audiovisual Coordinating Council to verify the manner in which media service providers and distributors fulfill their obligations under the Audiovisual Media Services Code, in particular with regard to respect for privacy rights, freedom of expression, and take the necessary measures to ensure the non-disclosure of personal data.
The media institutions that inform the population about the Coronavirus pandemic have the obligation to pay special attention to the principles of personal data protection, keeping the confidentiality of COVID-19 victims and not allowing the disclosure of their identity.
2020 /04/ 23
Department for the Promotion of
Human Rights and Communication
Tel.: 060002656
(1) https://www.publika.md/bilant-sumbru-inca-cinci-moldoveni-printre-care-si-un-lucrator-medical-au-murit-fiind-rapusi-de-covid-19_3072465.htm; https://www.jurnaltv.md/news/75c4c4df3a0b08c7/virusul-covid-19-loveste-dur-republica-moldova-sapte-decese-timp-de-o-zi-printre-care-un-medic-numarul-bolnavilor-2472.html ;
2 C.Barsan, op.cit., vol.1;
