ABSTRACT
This chapter aims at establishing the theoretical background necessary for comparative analysis of the law. Ethical thought can be used as a tool for an assessment of the law as it stands. Deontological theories state that every individual is under the obligation to respect the autonomy of others; the principle-based approach regards the principle of autonomy as one of the fundamental principles of medical ethics; and according to rights-based theory, the autonomous agent even has a right that his/her autonomy be respected. Deontological theory promotes individual freedom by emphasising the intrinsic value of personal autonomy and privacy. 'Rule-utilitarianism' is based on more general considerations when concentrating on the consequences of a rule, rather than on the consequences of an individual act. The chapter assesses the moral basis and justification of exceptions to medical confidentiality in the context of criminal prosecution and crime prevention. It demonstrates the similarities of and differences between the utilitarian and the deontological approaches to medical confidentiality.
