|
|
The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions)
Pilcová, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions) The aim of the thesis is to introduce the issue of medical confidentiality in Czech Republic. Although most stress is put on the connection with criminal law, the work also explains what medical confidentiality is and outlines some disputable points in this field as well as it further on mentions international treaties, statutes and other sources where the duty of confidentiality is incorporated. The thesis then shows medical confidentiality in connection with the matter of medical records and afterwards focuses on the exceptions when duty of confidentiality can legally be broken and finally a chapter is given to describe the questions of lability for breaching the duty of cofidentiality in health care where criminal law consequences and disciplinary consequences are described. All the matters are discussed in the light of the Health Services Act (372/2011 Coll.) which came into force on April 1, 2012.
|
|
|
Selected aspects of attorney's duty of confidentiality
Lhotáková, Františka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Selected aspects of attorney's duty of confidentiality Abstract One of the attorney's most important duties is the commitment to maintain the confidentiality of information he or she has learned while providing legal services. However, it is not a lawyer's privilege but a commitment to protect the rights and legitimate interests of his or her clients. The duty of confidentiality may be waived exclusively by the client or his legal successor of the client. Restrictions or breaches of this obligation should occur exceptionally, only in defined cases. In recent years, the effort of the legislators and other entities to disclose this duty of confidentiality can be noticed in the Czech Republic. The overall purpose of this thesis is to analyse the legal regulation of attorney's confidentiality in the Czech Republic. This thesis focuses mainly on the regulation contained in the Czech Law of Advocacy, in the relevant provisions of the Czech Criminal Procedure Code and in the professional regulations of the Czech Bar Association. The first two chapters of this thesis are rather of general nature. A significant part is devoted to explanation of the notion of confidentiality, its meaning and its material and personal scope. The third chapter discusses legal exceptions when breaching of attorney's confidentiality is...
|
|
|
Securing instruments and investigative means in relation to attorney's duty of confidentiality
Turnhöfer, Michal ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
The present thesis addresses the issue of obtaining and gathering information in criminal proceedings which is subject to attorney-client privilege, and its subsequent use in criminal proceedings. The issue is rather complex, as de lege lata there is no comprehensive legal regulation addressing it in a satisfactory manner. The objective of the thesis is to find legally correct and fair solutions in respect of the protection of the attorney-client privilege, on the one hand, and the societal need to obtain and gather evidence effectively for the purposes of criminal proceedings, on the other hand. The thesis provides a general description of the attorney-client privilege and legal assistance, on which the attorney-client privilege is based, and it also contains specific application problems encountered in connection with the use of means of obtaining evidence and gathering criminal intelligence pursuant to the Criminal Procedure Code. Such application problems are dealt with using methods of analysis, synthesis, analogy, comparison, with the results being generalized. Last but not least, the thesis provides an outline and comparison of the relation between the attorney-client privilege and other professional privileges, focussing on the options of obtaining different types of information. The author...
|
|
|
Limitations of professional liability in relation to the professions of auditor, tax adviser and accountant with regard to the duty of confidentiality
Belšánová, Ivana ; Molín, Jan (advisor) ; Králíček, Vladimír (referee)
The thesis "Limitations of professional liability in relation to the professions of auditor, tax adviser and accountant with regard to the duty of confidentiality" focuses on a more detailed elaboration of the selected specific segment of professional liability of the given professions, on the legal and ethical obligations in the field of confidentiality and the possibility of its breaking. The introductory part of the thesis deals with confidentiality in terms of historical development and its importance in the present. Further, it outlines the area of moral and ethical responsibility, legal liability in general, and confidentiality as a specific duty. The concept of confidentiality of the professions of auditors, tax advisers and accountants represents the core of the presented work. The duty of confidentiality of the profession of auditors is significantly influenced by the public interest in the presented information in the form of opinion on the financial statements of the audited entities, and thus the possibilities of the legally supported breaking of this obligation are the most extensive, as evidenced by the amendment to the Act on Auditors, effective from 1 October 2016. The duty of confidentiality of the tax adviser has until recently been strictly defined on a legal basis. The change was brought by the Supreme Court's case law in November 2015, which by comparing the principally equivalent conditions for the exercise of legal liability in the area of confidentiality of the tax adviser and attorney, also deduces the similarities of competencies of both professions in cases of breaking the confidentiality. The accounting profession is not regulated by law, and therefore the confidentiality obligation is also not legally enforceable. However, professional certified accountants are required to comply with the Code of Conduct issued by the Professional Chamber. The final part of the thesis focuses on comparing the duty of confidentiality of the selected professions of auditors, tax advisers and professional accountants with the attorney-at-law profession.
|
|
|
Obligatiory confidentiality of medical workers - criminal aspects
Mišľan, Martin ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The aim of this work was to bring the issue of mandatory confidentiality of health workers and the exceptions to this concept in the context of criminal law. In the first part of the thesis is generally defined by the Institute of mandatory confidentiality in health care, sources of legal regulation of this institute and its development in the Czech legal order. The work also deals with medical records and privacy of sensitive data in connection with the obligation of confidentiality of medical professionals. The next section is defined by breaking the confidentiality required the consent of the patient and also cases where the patient's consent to obtain information about his state of health is not required. The work also deals with criminal liability for breach of confidentiality and lists the offenses that can be committed in violation of this obligation. In the conclusion the work presents a brief comparison of the regulation of the Slovak Republic and in the Federal Republic of Germany.
|
|
|
Duty of confidentiality in healthcare providing in light of criminal law
Veselá, Zuzana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Deutsches Resümmé Die vorliegende Diplomarbeit befaßt sich mit der Schweigepflicht von Angestellten des Gesundheitswesens der Tschechischen Republik. Der Schwerpunkt liegt dabei bei der Erfassung der Verantwortlichkeit im Strafrecht der Tschechischen Republik. Diese Diplomarbeit gliedert sich in 7 Kapitel. Die Einleitung befaßt sich mit der Erklärung der Grundbegriffe und gibt einen kurzen Überblick über historische und territoriale Zusammenhänge. Im darauffolgenden ersten Kapitel werden die Rechte der Patienten, sowie deren gesetzlicher Schutz behandelt. Das zweite Kapitel erörtert die rechtlichen Grundlagen in der Tschechischen Republik, wie auch die internationale Rechtslage. Das dritte Kapitel widmet sich den Subjekten der Schweigepflicht. Im vierten Kapitel versuche ich den Umfang der Schweigepflicht abzugrenzen. Das fünfte Kapitel behandelt Ausnahmen hinsichtlich der Schweigepflicht im tschechischen Gesundheitswesen. Der Schwerpunkt dieser Diplomarbeit wird im sechsten Kapitel erörtert: die Rechtsverantwortlichkeit von Angestellten des Gesundheitswesens bei einer Verletzung der Schweigepflicht. Hierbei lege ich die Betonung auf die im Strafrecht festgelegte Rechtsverantwortlichkeit. Das letzte Kapitel widme ich Überlegungen de lege ferenda, die sich auch auf andere Fragen dieser Problematik beziehen....
|
|
|
The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions)
Pilcová, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions) The aim of the thesis is to introduce the issue of medical confidentiality in Czech Republic. Although most stress is put on the connection with criminal law, the work also explains what medical confidentiality is and outlines some disputable points in this field as well as it further on mentions international treaties, statutes and other sources where the duty of confidentiality is incorporated. The thesis then shows medical confidentiality in connection with the matter of medical records and afterwards focuses on the exceptions when duty of confidentiality can legally be broken and finally a chapter is given to describe the questions of lability for breaching the duty of cofidentiality in health care where criminal law consequences and disciplinary consequences are described. All the matters are discussed in the light of the Health Services Act (372/2011 Coll.) which came into force on April 1, 2012.
|
guest ::
