The Right to Information and Their Exceptions in Medical Practices in the Iranian Legal System



Sheykhtalimi M¹ ; Shariatinasab S¹ ; Zare MK² ; Omanisamani R^{1, 3}
Source: Journal of Medical Ethics and History of Medicine Published:2016

Abstract

The right to information Act was implemented in the Iranian legal system through accession of the Merida Convention ensuring the right to information as a fundamental right for the public. One significant aspects of this subject is the ratification of the “Disclosure and Access to Information Act” by which it is recognized as a right of all Persian individuals and citizens to access state-held information in Iran administration. The Iranian legislature, with regard to the role of access to information and its significance, clarified the scope, permitted subjects of access, and exceptions of the right to state-held information. In this essay, we will discuss the legal aspects and scope of ensuring access to medical information in the Iranian statutes and their exceptions. It is argued that the Iranian legislation ensures the principle of maximum disclosure, while sensitive subjects’, specially classified and private information, are exempted. Therefore, the related rules in Iran’s statutes not only do not threaten patient’s information, but also protect them by criminalizing the breaching of the mentioned right. © 2016 Medical Ethics and History of Medicine Research Center, Tehran University of Medical Sciences. All rights reserved.