RECONSTRUCTION OF CRIMINAL LIABILITY FOR THE MISUSE OF ELECTRONIC MEDICAL RECORDS IN REALIZING LEGAL PROTECTION AND LEGAL CERTAINTY FOR PATIENTS

Abstract

Abstract The development of digital health services has transformed the management, storage, and exchange of patient information through the implementation of Electronic Medical Records (EMRs). Although EMRs provide significant benefits in improving the efficiency, accuracy, and continuity of healthcare services, their use also creates potential risks of unauthorized access, disclosure, alteration, manipulation, and misuse of patient data. These circumstances raise important legal issues concerning the criminal liability of individuals or institutions responsible for the misuse of electronic medical records and the effectiveness of existing legal mechanisms in protecting patients. This study aims to analyze the legal framework governing criminal liability for the misuse of electronic medical records and to reconstruct a criminal liability model that provides stronger legal protection and legal certainty for patients. This research employs normative juridical methods using a statutory, conceptual, and case-based approach. Legal materials are analyzed qualitatively to identify regulatory gaps, inconsistencies, and weaknesses in the implementation of criminal liability relating to electronic medical records. The findings indicate that the existing legal framework provides several forms of protection for the confidentiality and security of medical information; however, challenges remain concerning the determination of responsible parties, unauthorized access, data disclosure, manipulation, and the application of criminal sanctions in the digital healthcare environment. Therefore, a reconstruction of criminal liability is necessary by establishing clear standards concerning prohibited conduct, the subjects who may be held criminally liable, institutional responsibility, forms of sanctions, and mechanisms for protecting and restoring patients' rights. Such reconstruction is expected to strengthen legal protection, ensure legal certainty, and establish accountability in the management of electronic medical records.