Confidentiality and privacy in medical and scientific research: from bioethics to law

Abstract

Since the Hippocratic Oath, medical ethics and bioethics have been concerned with confidentiality and privacy. Thereafter, principialism has understood them as bioethical rules derived from bioethical rules derived from the autonomy understood as self-governance. Positive law is also concerned with them. Among the legal norms related to the topic, Argentinian Law 25,326, on protection of data because of their relationship with medical practice and research, stands out. It is grounded in habeas data, the constitutional guarantee that permits persons to request explanations from public or private bodies that have data or information regarding them, and in Article 19 of the National Congress.