The Discussion Of Personal Information And Civil Law Protection In Medical Field

Personal information in the medical field is collected by medical institutions andmedical personal during a medical procedure for the treatment of diseases. It is differentfrom the general’s personal information, and contains a lot of sensitive personalinformation. At the same time, due to special situations in medical services, patients havemuch weaker control over personal information. With advancement of medical informationtechnology and the wide application of internet technology, personal medical informationare often illegally collected, processed, disseminated and utilized. Not only the personalprivacy has been leaked, the rights of the individual have been infringed, even the personalproperties and interests have been sacrificed. Therefore it is of great significance to protectthe personal information of the medical field through legislations or practices.At present, China has not yet formally introduced a special law for the protection ofpersonal information. In the field of health care, there are totally no standards on protectionof personal information for patients, I’d like to provide some useful suggestions to thepersonal information protection in the health care through the analyze in this thesis.This thesis includes three parts excluding the introduction and conclusion.The introduction part mainly introduces the background of this topic choosing,research purpose and meaning of this thesis, as well as the research situation and tendencyat home and abroad, and the main content, creative point and research method of thisthesis.Chapter one, demonstrates the concept of personal information from its meaning andcharacter, and discuss the basis of personal information protection from the civil law toapprove the necessity of personal information protection. Chapter two, first of all, describes the meaning and content of personal information inthe medical field, and introduces the basic rules of using personal information in Japanesehealth care field, which is worthy learning, then focus on analyzing the specialty ofpersonal information in the medical field because of the variety of using purposes, and thehuge influence of medical informatization on personal information, finally introduces thebasic principle of personal information protection by OECD, and put forward the legalprinciple, which the personal information protection in the medical field should befollowed in china.Chapter three, first of all, presents the types of patient’s right of protecting hisinformation in healing, discusses the judge of civil liability of insulting personalinformation in the field of health care, then from the point of tort law, discusses theinsulting of personal information in the field of health care, finally demonstrates thecomponent, exemptions, bearing civil liability of the insulting personal information in thefield of health care, generally analyzes the establishment of civil liability system for theinsulting personal information in the field of health care.