Leakage of sensitive personal data of patients treated by healthcare institutions as a form of hospital violence: a global analysis through the lens of bioethics and biomedical law

Abstract

This article presents the findings of an extensive bibliographic research concerning the leakage of sensitive personal data of patients within healthcare institutions, reckoning it as a form of hospital violence. The utilized methodology is primarily bibliographic, drawing on various doctrines, periodicals, and pertinent legislations like the Brazilian Federal Constitution and the Brazilian General Data Protection Law. Thus, it is crucial to underscore that violence represents a pervasive global issue, bearing worrisome consequences for the population since the early 20th century. Violence can be defined as physical acts or intimidation, both perpetrated and threatened, against individuals, groups, or oneself, causing physical, psychological, and traumatic harm. Among its diverse manifestations, this study focuses on the violence occurring within healthcare institutions,especially the leakage of sensitive personal data collected by it. Accordingly, the study highlights the importance of adhering to the General Data Protection Law (Law 13.709/18) and the principles of Bioethics and Biomedical Law, as they serve to protect against data leakage, preserving the dignity and equality of individuals. This approach ensures that patients' personal information is not utilized to stigmatize, foster injustice, or subject them to unnecessary and humiliating exposures.