INTERSECTION BETWEEN PERSONAL DATA PROTECTION LAW AND MEDICAL LAW

A PROPOSAL FOR HARMONIZING BOTH LEGAL REGIMES

Abstract

This paper examines the normative intersection between Data Protection Law and Medical Law in Brazil, noting the lack of structured scientific dialogue between these legal regimes. The central scientific problem addressed is how to identify the dogmatic and functional overlap between these fields, particularly within the physician-patient relationship and related healthcare activities. Using a hypothetical-deductive methodology, the paper argues that, although the legal regimes differ in origin and scope, they share common principles and foundations when personal data is processed in a medical context. The study presents a conceptual and practical mapping of this intersection, focusing on elements such as privacy protection, informational self-determination, confidentiality, professional secrecy, and privacy governance. The analysis supports the concurrent application of both regimes and proposes their relationship be understood through a Venn diagram.