Healthcare institutions as subjects of using rights to the image of a human in Ukraine: civil legal aspects

Abstract

The scientific article is devoted to the study of civil law aspects of healthcare institutions as subjects of the use of human image rights. Attention is focused on the relevance of studying the relevant issue in order to clarify the complex of rights and conditions for the use of human image rights by healthcare institutions. Attention is drawn to the need to conduct a conceptual analysis of the relevant issue. This is due to the fact that healthcare institutions as subjects of human image rights are characterized by certain legal features, including in the use of human image rights, since they work with personal data, including images of patients, medical professionals and other persons. It is noted that images of a person in the healthcare sector serve as an object of communication between healthcare institutions, medical professionals, and patients, therefore they require special protection and safeguarding in the process of exercising the rights to their use.

Therefore, the implementation of a doctrinal characterization of the legal status of healthcare institutions in terms of the use of rights to human images is one of the important areas of modern theory and practice, which is especially relevant for the healthcare sector. The content of the work includes an analysis of scientific approaches of scientists to understanding the nature and functional purpose of healthcare institutions. It is proven that healthcare institutions possess an appropriate set of rights, the use of which occurs in accordance with a set of certain conditions.
It has been established that healthcare institutions are the main entities that use human images in their own business activities. Including being the owners and managers of personal data; ensuring the storage and processing of human images as part of medical documentation; being the subjects of the use of patient images for research, educational or scientific purposes; being responsible for any violations of patients' privacy rights relating to images.