Research On The Protection And Utilization System Of Personal Health Information

In the era of big data,the protection and full utilization of personal health information(PHI)are facing new challenges and opportunities.Individuals,business entities and the government have different preferences and expectations for the development of PHI,which concludes many contradictions and commonalities.However,the current legal system cannot effectively coordinate the balance of different interests,resulting in the situation where the public interest is predominant,the innovation emphasized and the value of personal dignity neglected.The public law scholars have less special research on PHI,so this article aims to explore the systematic construction of PHI protection and utilization and attempts to propose a coordinated path of protection and utilization.The United States is a pioneer in personal information protection legislation and research,and has a specific legislation----the Health Insurance Circulation and Accountability Act("HIPAA"),which provides detailed privacy rules and security rules.The Supreme Court has already confirmed the constitutional protection for PHI.So this article will reference to the US system and the main research methods are comparative research,case analysis,normative analysis,and combing theory.The first chapter mainly introduces the background of framing the questions and the research review of China.The previous research is focused on general personal information protection legislation.The special research on PHI starts late and Insufficient.It is mainly based on overseas legislation and research,focusing on the control theory to which the research shows a trend from dependence to challenge.This article will focus on the field of PHI and explore how to protect the control rights and control capabilities of the individuals.The second chapter mainly introduces the definition of PHI,analyzing the intrinsic nature of PHI,that is non-rivalrous,invisible,recombined,highly professional,sensitive and public.This chapter will also explores its personality value economic value and public values to demonstrate the unique significance of the protection and utilization of PHI and introduce new challenges brought about by data mining,profiling,filter bubble and consumption habits in the era of big data to demonstrate the necessity of updating legislative policies in the era of big data.Chapters 3 through 5 mainly explain the constitutional protection and legislative protection of PHI in the United States,especially the specific standards and implementation rules of HIPAA privacy rules and security rales which provide a reference template for China's special legislation on the protection of PHI.In Chapter 6,the basic principles of the American model will be summarized,and its salient features such as strengthening the control of individuals,the flexibility of the legislation,the risk control-oriented legislative policy,and the powerful law enforcement will be interpreted.Chapter 7 is mainly based on the actual situation of China to discuss PHI protection and utilization system,which is the creative part of this article.It is proposed that China should formulate special PHI protection legislation,and strengthen the control ability of individuals.Reflecting on the shortcomings of the US model,this it is suggested that we should explore a path to regulate the entire flow of information.We should reconsider the relationship between protection and utilization,abandoning the concept of conflicting and finding the possibility of mutual promotion in order to achieve a fair,transparent and proportionate balance of interests.The conclusion advocates that the system of PHI protection should root in constitution and absorb international standards because it is important to have a say in international trade and relationships.I do expect the continuous improvement of China's information protection system which will sufficiently respond to the future challenges brought by the technological and industrial revolution.