Criminal Law Ensuring the Informational Security of Persons Living with the Immunodeficiency Virus

Abstract

Aim: To determine the specifics of criminal liability for disclosing information about a medical examination for detection of infection with the human immunodeficiency virus or another incurable infectious disease under the criminal legislation of Poland and Ukraine in order to improve the legal protection of the interests of people living with HIV.

Materials and Methods: The authors used the decisions of national courts in the field of ensuring the information security of a person living with the immunodeficiency virus, international and national legal acts of Ukraine and Poland. The study was carried out on the basis of a systematic approach using the methods of dialectical and formal logic, general scientific and special legal research methods.

Conclusions: It was determined the need to use the means of criminal liability only in extreme cases to ensure proper legal protection of the interests of people living with HIV, healthcare professionals, other related entities, and the public interest.