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Protection Of Medical Records Under The Privacy Angles

Posted on:2014-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:L Y LiuFull Text:PDF
GTID:2296330425479276Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the modern information society, the legal protection of medical records as personalinformation has become increasingly important.Frequent cases of patient privacyinadvertently leaked, thereby causing the patient disputes, which led to the communityhospital medical records information management intense discussion of the security and theprotection of personal privacy issues. In addition to the staff of the medical institutions, agrowing number of legal scholars began to study the medical records of how to bettersafeguard the legitimate rights and interests of the patient. I tried through the mechanism ofprotection of medical records, the definition of tort and civil liability, to further explore thebasic principles of the protection of medical records conception and a reflection of Article62of the Tort Liability Act, the establishment of China’s medical institutions scientific andreasonable medical records management system and the state of personal informationprotection legislation helpful.The full text besides the introduction, divides into five parts:The first part of the use of conceptual analysis, determining the meaning of the medicalrecords, and the description of the medical records as evidence in the event of a medicaldispute, critical to the identification of tort liability.The second part describes the relationship between the meaning of the personalinformation, privacy and the privacy of patients, with emphasis on the analysis of crossbetween privacy and personal information, concluded that the medical records included in thescope of protection of privacy, its protection should draw the general principles of theprotection of personal information.The third part through the establishment of a sound mechanism of protection of medicalrecords, to study how to protect patient information for medical records, control over, andaccess to the right of reproduction, the information the corrections rights, archive rights,confidentiality rights, as well as information usufruct.As defined in Part IV of the commitment of the constituent elements of the tort ofmedical records, as well as civil liability. Through the analysis of the types of violations,components and disclaimer before, citing with liability.The fifth draws in part on the information identified in the international circulation of privacy and personal data information pointer recommended to protect the eight principles,the concept of protection of the basic principles of medical records, and put forwardsuggestions for improvement of Article62of the Tort Liability Act.
Keywords/Search Tags:Medical records, Personal information, Right of privacy, Basicprinciple
PDF Full Text Request
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