Legislative Developments of the Confidentiality Principle of Medical Information in Iranian and French Law

Abstract

One of the key principles in medical ethics, which has significant social effects, is the confidentiality of medical information. Given the significance of this principle, the legal systems of different countries have considered and recognized the principle of confidentiality. The existence of the principle of confidentiality can be viewed for two groups of people: those who are alive and those who have died. Two different bases underlie the recognition of confidentiality for each group. In Iranian and French law, this principle is applied to protect the privacy of living persons. While, for deceased people, it is applied for the public interests of the community and to ensure the no-harm rule. The purpose of this article is to examine how the principle of confidentiality is contemplated for these two groups of persons in French and Iranian law. There is an explicit provision in French law regarding the living and the deceased persons. In Iranian law, however, the principle of confidentiality is only recognized for living persons; However, despite the silence of the Iranian legislator, the principle of confidentiality can be extended to the deceased people. Nevertheless, this article attempts to briefly examine the concept and basis of the principle of confidentiality and then describe the position of the two legal systems of France and Iran.