LEGAL PROTECTION OF PATIENT PRIVACY RIGHTS AGAINST DISCLOSURE BY HEALTHCARE PROFESSIONALS ON SOCIAL MEDIA

Abstract

The rapid development of information technology and the increasing use of social media in healthcare services have created significant risks to patients’ right to privacy, particularly through the unauthorized disclosure of personal health information by healthcare professionals. This study aims to analyze the legal protection of patients’ privacy rights and the legal consequences applicable to healthcare professionals who violate such rights through social media. This research employs a normative juridical method using statutory and conceptual approaches by examining relevant regulations, including the Indonesian Civil Code, Law Number 17 of 2023 on Health, and Law Number 1 of 2024 concerning Electronic Information and Transactions. The study finds that the unauthorized disclosure of patients’ personal and health information through social media may constitute an unlawful act and give rise to disciplinary, administrative, civil, and criminal liability. Legal protection available to patients is predominantly repressive and multi-layered, including requests for content removal, complaints to healthcare institutions and professional disciplinary bodies, alternative dispute resolution, civil lawsuits, and criminal proceedings where the statutory elements of an offense are fulfilled. Despite the existing legal framework, its effectiveness remains constrained by implementation challenges, dependence on victims’ initiatives, and insufficient regulatory harmonization. Therefore, stronger legal enforcement, comprehensive digital ethics guidelines, increased awareness among healthcare professionals, and better regulatory harmonization are required to ensure effective protection of patients’ privacy rights in the digital environment.