On Personal Information Protection In Electronic Medical Records

With development of information technology, electronic medical records has been introduced into medical institutions and been used more and more widely.There are large numbers of personal information in electronic medical records,facing danger of divulgence and usurpation,which urgently demands an institution of personal information protection in electronic medical records.Although legislative procedure of personal information protection has been started in our country,and there are completed suggestion draft proposed by specialists such as"Rogation of Personal Data Protection Law by academics"presided by Prof.Qi Aimin and"Propositional Draft of Personal Data Protection Law by Experts"presided by Prof.Zhou Hanhua. However,there are still many arguments in legislation of Personal Data Protection Law.There are many vacancies of system research and special legislation in aspects such as Personal information protection in electronic medical records,management and usage of electronic medical records and so on due to the current situation that construction of electronic medical records system in our country is just at a starting stage . In view of reasons above,this thesis tries to study on personal information protection in electronic medical records from an angle of civil law in hope of providving some benefits to constructing a scientific and reasonable information-based managerial system as well as legislation of personal data protection law.There are five parts in this thesis.The first part firstly analyzed the concept,features,funtions,law attributes of electronic medical records and its current developmental situation.Further,this part has discussed some questio juris caused by usage of electronic medical records and features of electronic medical records from the angle of international legislation and academic definition of personal information protection.The second part quest on theoretical principle of personal information protection in electronic medical records.In the first place,it evaluated the four different doctrine of personal information right in academic circles,and then proposed viewpoints of the author:To construct a concrete human rights, namely, personal information right,with the general right to personality as the historical basis and theoretical principle of personal information protection.Finally,this part analyzed the value orientation and detailed contents of personal information protection in electronic medical records from the perspective of interest balance.The third part further explored practical problems in application of electronic medical records in China on basis of theoretical analysis above,including digital signature, managerial system,usage system of electronic medical records and boundary of personal information protection in electronic medical records.The fourth part talked about the legal responsibility caused by invasion to personal information in electronic medical records.Here the analysis was given mainly from an angle of liability for tort,including type of these invasion, principles of liability, constitutive requirements, exception from liability and ways to bear civil liability.The fifth part generalized current situation to chinese legislation on this part,and discussed on model choice of legislation to implement personal information protection in electronic medical records.As the last chapter of this thesis,the author concluded that there should not only be a combination of comprehensive legislation in form of"Personal Data Protection Law"and special legislation in form of"regulations on administration of electronic medical records"but also bind national legislation with self-disciplinary protection and technical protection.