Research On Informed Consent In Using Personal Medical Data

The purpose of this paper is to discuss the ethical issues of informed consent and protection of rights and interests of stakeholders in the utilization of personal medical data.On the one hand,it involves the rights and interests of personal medical data,and the other involves the autonomy of informed consent of stakeholders.Therefore,there are disputes on the two levels of interests and autonomy.The first part of this paper illustrates the rights and interests involved in the utilization of personal medical data,including personal rights and property rights.Personal rights and interests are the rights and interests of personal medical data itself.Property rights refer to the attributes derived from the rights and interests of individuals in the commercialization of personal medical data.The second part of this article specifically discusses the informed consent in the utilization of personal medical data.First,compared with the rights of life and health protected by the traditional informed consent after World War II,the rights and interests protected by informed consent changed the understanding of traditional informed consent in the utilization of personal medical data.The interests of personal medical data are the rights protected by informed consent.The rights and interests protected by informed consent change from life and health rights to personality rights and property rights.This weakens the absolute importance of the original informed consent to protect the life and health rights and interests,thereby opening up the possibility of dialogue when there is a conflict between personal rights and interests and public interests.That is to say,whether data users use to collect and disclose their personal information for public interest and damage their rights and interests are legitimate;second,as far as informed consent is concerned,data users often ignore the protection of personal information in the commercial use and sharing of big data,and often do not get the informed consent of the stakeholders,which directly infringes their autonomy value.It is necessary to determine the rights and interests of the stakeholders in the data sharing as the principles and rights.The third part,from the three levels of ethics theory,from the perspective of ethics,obligation and utilitarianism,probes into the informed consent and its ethical dilemmas in the utilization of personal medical data: the conflict between the interests of the public and the rights and interests of the stakeholders and their protection.In the theory of virtue,the theory of Slote and Hursthouse can not provide methodology in action,but it opens up different aspects for the evaluation of this behavior;criticizing each other on the face of the theory of obligation and traditional utilitarianism: in the dilemma of ethics,the theory of obligation only protects the autonomy of the right subject and lacks practical rationality.Traditional utilitarianism fails to protect the rights and freedoms of the rights and interests.Hare’s utilitarianism gives a practical rationality scheme in the ethical dilemma.It shows that the data user’s behavior of collecting and exposing his personal information for the public interest and damaging the rights and interests of the rights and interests of the subjects is positive.It is able to reconcile the contradictions between the traditional utilitarianism and the theory of obligation.In the fourth part,the informed consent is decided by the principles and rights,and the ethical disputes between the informed consent and the rights and interests of the rights and interests are resolved.Informed consent is defined as the right in the industry standard,government regulation and legislative protection.