LEGAL ASPECTS OF DISCLOSING PATIENT DATA UNDER ELECTRONIC INFORMATION AND TRANSACTION LAW

M. Syarifah, D. Lisnawati

Abstract: In the contemporary digital landscape, the imperative for transparency in information dissemination serves to uphold the public’s right of access. One dilemma that arises is the Disclosure of patients’ data with the COVID-19 outbreak, which can help to prevent transmission but also risks violating patient privacy. For example, the patient’s address, although not medical data, is closely related to medical records and can be considered medical data in a pandemic. This combination of personal and medical data needs to be further explained in Indonesian law, especially the Electronic Information and Transactions Law (EIT Law). This study aims to analyze the legal aspects of disclosing patient personal data for public interest in an infectious outbreak based on the EIT Law. The method used is normative juridical. Secondary data is collected from relevant legal sources. In a public health emergency, specific personal data may be disclosed for the public interest per the Health Law and the Law on Public Information Disclosure provisions. The Disclosure shows that to combat the outbreak, personal data can be treated as medical data necessary to support public safety. As a solution, authorities can use an anonymous disclosure mechanism to balance the public interest and the patient’s data rights. Disclosure of patient personal data, such as patient addresses for tracing purposes during the pandemic, does not violate the EIT Law because it is permitted for the public interest and national resilience. With the enactment of the Personal Data Protection Law, personal data protection becomes more comprehensive.
Keywords: patient confidentiality, electronic medical record, law of electronic information and technology, law of personal data protection.