Physicians’ legal awareness regarding Section 323 of the Criminal Code on patient confidentiality.

Abstract

Patient confidentiality is protected under both ethical principles and legal frameworks. Most laws governing patient confidentiality are medical laws, while Section 323 of the Thai Criminal Code is the only provision that explicitly imposes criminal liability on physicians for the disclosure of patient confidentiality. This research aims to examine physicians’ legal awareness of Section 323 of the Criminal Code and to analyze factors influencing such awareness. Internal factors include educational background and professional experience, while external factors include the working environment, organizational policies and culture, professional regulation, technology, and mass media. The findings indicate that physicians’ legal awareness remains at the level of basic legal recognition. Although physicians are generally aware that the Criminal Code is applicable, many are unaware that it specifically prescribes criminal liability for the disclosure of patient confidentiality. Both internal and external factors influence the level of legal awareness, which varies among individuals. Enhancing legal awareness toward valuing and complying with the law requires the development of supportive mechanisms addressing both internal and external factors, as well as consideration of legal provisions in conjunction with the realities of medical practice, to ensure lawful professional conduct and respect for patients’ rights.