Legal Protection Of Patient Privacy

’Tort Liability Law" explicitly includes the privacy as right protected by the tort law in its second article, meanwhile it particularly mentions the protection of privacy of patient in medical damage chapter. Patient privacy belongs to privacy rights, and is independent. Comparing the characteristics of patient privacy with other general privacy rights, and considering of necessity of moral rights protection and current status of the doctor-patient relationship, we need to emphasize the legal protection of patient privacy. The fundamental theory of special protection for patient privacy lies in the pursuit of substantive justice.The concept of patient privacy discussed in this paper is as follows, during and after the medical activities, the patients enjoy the right that, their private parts of the body, pathological letters, personal details and private space which are nothing to do with the public interests can not be violated by medical institutions or medical personnel, and they decide and control their personal details. Due to the five of characteristics patient privacy:the subject of patient privacy is with specific properties, the privacy of patients is with limited demise, patient privacy is with vulnerability, recognized protection of patient privacy is with complexity, patient privacy is with derogation of the specific third person, as well as the necessity of the law in patient privacy protection, establishing a comprehensive patient privacy protection law not only accord with international trends, but also meets the national conditions demand. From initial medical health laws and regulations in the administrative law to the subsequent judicial interpretation, and current special law for patient privacy protection in the field of civil law through civil law "Tort Liability Act", the whole process reflects the constant progress of the patient privacy laws protection from scratch, from the vague to clear protection. However, there are still some problems in the legal protection of the patient privacy. Firstly, the range of patient privacy protection is narrow, maintaining patient privacy rights as well as the other three capabilities protection are imperfect. Secondly, conflicts between the patient’s privacy and the right of others to know something are with no provisions. Thirdly, compensation range of patient privacy violations and violations of civil liability is not clear. Fourthly, the burden of proof to prove the subjective fault and causation in privacy of patient also needs to be improved.This paper firstly outlines the general requirements towards law protection of patient privacy from the selection legislative model and guidelines,including choice of legal protection model and principles,then gives specific improvement suggestions in view of the problems existing in current laws of patient privacy protection. Advice:First of all, to expand the range of protection of patient privacy. And to define the patient privacy right concept as patients have right to keep their own medical records kept in good condition and correct state, that is to have the right for requesting to add, delete or correct the contents of the medical records of rights. At the same time, to enrich the contents of the other three capabilities in patients privacy right.In the second place, to coordinate the conflicts between patient privacy and doctor’s right to know according to "informed consent" principle, as well as the conflicts between patient privacy and the public’s and specific third party’s right to know according to "minimal disclosure" principle. In the third place, to define the scope of civil compensation against patient privacy. Lastly, to determine presumption of fault in subject fault and burden of proof upside down, and also the evidentiary rules.