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Regular Article

SRP. 2020; 11(10): 265-270


Limits and Restrictions on the Right to Information on One’s Health

Nadiia Milovska, Tetiana Zanfirova, Lesia Vasylenko, Liudmyla Mozoliuk-Bodnar, Yuliia Kamardina.

Abstract
The article is devoted to the analysis of doctrinal approaches to determining the essence of limits and restrictions on the exercise of the right to information on one’s health. The scientific positions on determining the legal nature of the limits and restrictions of the right to information on the state of one’s health have been analyzed, based on which the ratio of the ways of legal influence and legal regulation has been established. Legal restrictions as a means of legal influence take into account the interests and motives of a person who needs to acquire a certain good through subjective law. If the restrictions are enshrined in the methods of legal regulation through permissions, prohibitions, and commands in the provisions of the law, determine the lawful pattern of behavior, establish permissible or prohibited ways of exercising the right to proper education, they should be recognized as the limits of the law. It has been determined that the restrictions on the exercise of the right are the circumstances that precede certain behavior within the law, in the presence or absence of which it is allowed or prohibited to exercise certain powers freely and autonomously, i.e. the legal facts that are provided by the hypothesis of law and that determine the procedure or grounds which constitute the content of the right to information on the state of one’s health. It has been concluded that the limits of exercising the right to information on one’s health are determined by technical (equipment and mechanisms), social, and legal means, which should be understood as the frames of the individual’s ability to collect, use, store, disseminate, and protect the information on one’s health established by law, acts of civil law and agreements, which are determined by the content of this right.

Key words: Right, access, turnover, information, limits and restrictions, constitutional right



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