The right to the image of the patient

Abstract

Photos of patients are an important element of medical documentation. They are used in didactics, for scientific purposes, in scientific publications, in specialist databases, as well as for marketing and educational purposes. Very often such photos can be found on the websites of specialized medical offices and social media, on such websites as Facebook or Instagram. The development of the communication channels of the modern world, combined with the increasing availability of the Internet, leads to postulates to safeguard the patient image, which is not always adequately legally protected, among others, due to the absence of separate regulations. An overview of selected rulings and doctrines shows the differences that exist in the definitions of a human image. The lack of a legal definition of image results in the lack of clear guidelines on how to understand the patient image. By introducing appropriate regulations or recommendations that would determine what exactly the patient image is, as well as when and under what conditions the patient image can be published, it would be possible to avoid uncertain situations and limit possible future claims and legal issues.