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Research On The Protection Of Patient Medical Information Under The Use Of Electronic Medical Records

Posted on:2019-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LiuFull Text:PDF
GTID:2416330545494221Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the digital development of personal information,the protection of personal information is also receiving much attention from the society.Patient medical information is part of patient's personal information.It is not only a good prescription for resolving doctor-patient disputes and relieving the relationship between doctors and patients,but also the key to the successful completion of China's "Healthy China 2030" strategic goal.In the era of information,electronic medical records have been widely popularized in China.They have features such as convenient operation,large storage capacity,and convenience for preservation and transmission.In this context,patients can enjoy more convenient and quality medical services,but at the same time,Electronic medical records have also brought new legal challenges to the protection of patient medical information.In addition,there is a weak awareness of the protection of patients' medical information in China,and the legislative system is not perfect.Patients' medical information is faced with a large number of threats at any time.In this context,the protection of patient medical information cannot be delayed.The awareness of the protection of personal information protection abroad is relatively early,relevant legislation is relatively complete,and many countries have issued special legislation in protecting patient medical information.In particular,in the current promotion of medical and health informationization,research has turned to the medical development of patient medical records.The legal protection of personal information in our country is relatively weak.Although the “the Civil Law of the People's Republic of China ” passed in March 2017 clarifies the specific forms of infringement of personal information,the laws of our country still lack the protection of patients' medical information.It can be said that the legal protection framework for medical information of patients in China has not yet been constructed.There are specific problems such as scattered laws and regulations,mostly principled regulations,regulatory gaps,and lack of corresponding liability systems.At the same time,the establishment of an electronic medical record data platform has enabled health administrative departments to join in the use,disclosure,and sharing of patients' private medical information.The protection of patient medical information based solely on civil law will not be able to face the electronic environment of medical records.New challenges,therefore,urgently need to improve comprehensive protection by improving relevant laws and regulations.This thesis starts with the discussion of the theoretical positioning of patient medical information,based on the positioning of patient's medical information as a privacy information,analyzes the problems existing in the protection of medical information in China under the electronic environment of medical records,and then draws lessons from the medical records outside the domain.The excellent experience in the protection of patient medical information under the environment has been proposed from the aspects of improving legislation,strengthening industry self-regulation and government supervision,balancing public interest conflicts,and widening the protection channel mechanism,so as to be able to give a better protect to patient's medical information.This thesis is formed by four parts.In the first part,the medical information of patients is analyzed theoretically.Firstly,the concept,basic content and particularity of the definition of patient medical information are introduced.Secondly,the patient medical information is theoretically positioned by distinguishing and comparing with the concept of the patient's privacy right and the discussion of the legislative model.Finally,the practical significance of protecting the patient medical information is discussed.In the second part,the thesis analyzed the problems faced by China's patient medical information protection under the electronic environment of medical records from the practical level and the legal level.On the one hand,the existing problems are analyzed through the impact and challenges of the patient medical information protection in China.On the other hand,from the aspects of legislation,supervision and relief,the problems existing in the protection of Chinese patients' medical information are also summarized and analyzed.In the third part,from the point of view of the comparison method,the thesis analyzed the protection of patient medical information in the electronic environment of medical records in the United States,Canada,and Taiwan in order to provide reference for the protection of medical information in China.In the fourth part,some suggestions for protecting the medical information of patients in the electronic environment of medical records are proposed.The author advocates strengthening the supervision and management of related institutions by stepping up the formulation of laws and regulations for protecting patient medical information,balancing the protection of patient medical information and public interests,and strengthening the methods of industrial self-discipline and innovative technology protection,and comprehensive legislation protection through various means.
Keywords/Search Tags:electronic medical record, patient's medical information, right of patient privacy, legal protection
PDF Full Text Request
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