On The Protection Of Personal Medical Information Privacy

Health and death is one of our natural people are inevitable to experience the process of life.In these processes,all involved in personal medical information,and personal medical information because of their own unique private properties,and contains a large number of personal sensitive information,the information subject is most reluctant to be known by others and the public personal information.At present in the context of the rule of law,people's legal awareness continues to improve,the protection of personal information more attention,with the vigorous development of the Internet,science and technology by leaps and bounds,personal medical information is facing a huge security risks,which have shown that strengthening the protection of personal medical information is imperative.On March 15,2017,the Fifth Session of the Twelfth National People's Congress passed the General Principles of Civil Law of the People's Republic of China(effective October 1,2017).The general provisions of the natural person to enjoy the right to privacy and legal protection of natural person's personal information,before that,as a separate right to privacy as a basis for the provisions of July 1,2010 implementation of the"tort law",the law in Chapter VII of the personal medical information protection related issues.Although the "General Principles of Civil Law" on the natural person's privacy and personal information protection made a clear provision,but in the specific legal practice of natural person's privacy and personal medical information protection is mainly through the tort liability law to protect the privacy to achieve.But there are some shortcomings of this kind of relief and its own can not overcome the shortcomings.This article will be based on our country on the personal medical information privacy protection of the status quo,our laws in the protection of personal medical information in the process of the problems encountered a brief comb,and try to put forward the corresponding countermeasures.The text of this article is divided into four parts:The first part,the definition of personal medical information and privacy.This part of the individual medical information and privacy from the concept,nature,characteristics of the three aspects of the definition,laid the foundation for the following.The second part,the status quo of personal medical information privacy protection in China.This part discusses and analyzes the current situation and judicial status quo of the protection of privacy of personal medical information in our country,and makes a reflection on my current legislation status and judicial status in a positive and positive attitude.The third part,the analysis of the defects of personal medical information privacy protection in China.This part based on the second part of the legislative status and judicial status quo,in-depth thinking and analysis of China's current personal medical information privacy protection which defects and its carding.The fourth part,China's personal medical information privacy protection of the perfect proposal.This part is mainly based on the personal medical information privacy protection of the status quo and the basis of the analysis,try to put forward the corresponding improvement proposals.