Legal Protection of Patients’ Electronic Medical Records in Hospital Healthcare Services: A Study at South Nias Regional General Hospital

Abstract

The transformation of digital-based healthcare services has positioned electronic medical records as an important instrument in the delivery of modern healthcare services. Electronic medical records facilitate the recording, storage, retrieval of patient history, referral processes, and integration of health data. However, electronic medical records also raise legal issues because they contain patients’ personal data that are specific, confidential, and sensitive. This study aims to analyze the legal regulation concerning the protection of patients’ electronic medical records and the implementation of such legal protection within the healthcare service system at the South Nias Regional General Hospital. This research employs a normative juridical method supported by limited field data. The approaches used are the statutory approach and the conceptual approach, by examining Law Number 17 of 2023 concerning Health, Law Number 27 of 2022 concerning Personal Data Protection, Government Regulation Number 28 of 2024, and Minister of Health Regulation Number 24 of 2022 concerning Medical Records. The results of the study show that patients’ electronic medical records have obtained a strong legal basis for protection, particularly through patients’ rights to the confidentiality of health data, the right to access their own health information, and the obligation of healthcare facilities to maintain the security, confidentiality, integrity, and availability of medical record data. The implementation of electronic medical records at the South Nias Regional General Hospital has moved in a positive direction and is in line with the policy of digital health transformation. However, further strengthening is still needed, particularly in limiting access rights, recording audit trails, preparing standard operating procedures, managing informed consent, training healthcare personnel, and integrating data with networked healthcare facilities. Obstacles are also still found in several community health centers in the South Nias region that have not fully implemented electronic medical records due to limitations in human resources, internet networks, devices, and technical assistance. Therefore, legal protection for electronic medical records must be strengthened through internal hospital policies, support from local government, and continuous supervision.