Poliisin oikeus saada potilaan henkilöllisyystietoja selvitettäessä rikosta
Keywords:
hoitosuhteen luottamuksellisuus, henkilöllisyys, poliisi, tiedonsaantioikeus, todistamiskieltoAbstract
The right of the police to have information on a patient’s identity for crime investigation
The research concerns situations in which medical confidentiality does not prevent disclosure of information on a patient’s identity to the police in a context of crime investigation. The analysis considers the scope of medical confidentiality in relation to information on a patient’s identity as well as legal provisions on secrecy and obligation to refuse to testify.
The possibility for the police to have information from a healthcare professional without the patient’s consent and for other investigations than those concerning very serious crimes depends on the interpretation of the concept provided in chapter 17, section 14 of the Code of Judicial Procedure (4/1734). This concept is “a sensitive matter relating to the health of a person or his or her family or regarding another personal or family secret”. The research shows that the obligation to refuse to testify should be interpreted in accordance with the wording of this concept and the will of the legislature. Thus, the real nature of the information requested by the police and possible harm to a person affected by the information disclosure should guide the interpretation. Mere identity information
is not a sensitive matter related to health or a secret unless the context links it to such matters.
Therefore, notwithstanding medical confidentiality, the police investigating any crime have to have information on a patient’s identity, where, after a case-bycase assessment, it may be interpreted, in accordance with the wording of the law and the will of the legislature, that the information concerning the identity does
not constitute, directly or by its context, a sensitive matter relating to the health of a person or his or her family or regarding another personal or family secret.
