The Civil Protection Of Personal Medical Information In Cyber Space

With The Internet Technology developing rapidly this brings a revolutionary change inhuman life. Especially in21century, this change involves in aspects of everyday life and hasclose contact with people’s life. The Internet has special advantages such as openness,equality and convenience which also brings much negative effects. In these bad influences,the infringement of personal privacy information has draw much attention because of theextreme expansion of Internet technology, that many citizens gradually become “translucent”or “transparent”, which means personal privacy information space has been compressed,meanwhile, the right of privacy has been consessed by the pressure of Internet technologywhich lead to a series of social problems. These problems gradually become hot issues inexperts and scholars. Because of the specialty of medical treatment activities, all the personalinformation collected in the process of medical treatment involves sensitive privacy, whichmeans patient’s controlling and monitoring ability are weak, moreover, lack of protection ofthe privacy right in China, people’s health information facing the secondary processing, reselland so on at any time. It is very urgent to protect people’s health information.At present, China is lacking of protection of personal information. Protection of personalinformation in medical field just distribute in “Case Management of Medical Institutions act”,“Medical Accidetent Treatment Act” and so on, without completely system and correspondingpunishment system, that makes many rules just exist in name only.In fact, other countries have get much progress in personal health information protectionsuch as HIPAA in USA. This Act has the meaning of landmark between patients’ consent rightand medical institutions. Moreover, some developed countries also use technology method,self-discipline mode to protect medical information. All the methods have mentioned beforehas certain reference meanings to China.This paper is based on the current situation of personal information in health, combiningwith the condition of our country, other developed countries experience, and the HIPAAinformation leakage case in USA, to find out the mode which is suitable for our country inpersonal medical privacy information. The paper has four parts.The first part of the paper is the basic issues of personal medical privacy information.Including brief introduction of personal information, personal medical information and thecharacteristics of personal medical privacy information in cyberspace. The difficult point in this part is to analysis of the conception of personal medical privacy information, and analysisof the characteristics of personal medical privacy information in cyberspace.The second part analysis legal theory of protect personal medical information. This partis going to analysis legal theory to strengthen author’s opinion which includes these theories:theory of the general personality right, self-deciding of personal information in cyber spaceThe third part comparing other countries or areas which has set up law system to protectpersonal medical privacy information such as USA,EU，Japan, and Taiwan to get theconclusion that all the areas have mentioned before are try to strengthen the control abilityand monitoring ability on personal medical privacy information, in addtion,to set upappropriate punishment system. Moreover, they use self-discipline mode and technology toprotect personal medical privacy information wholly.The fourth part gives some advice to personal medical privacy information by combiningwith the current situation. The author’s opinion is to make sure the legal statue of personalmedical privacy information, while set up a completely law system, encouraging InternetIndustry use self-discipline and strengthen technology protection to construct the basicframework to protect personal medical privacy information.