Research On The Legal Protection Of Laborers' Medical And Health Information

In recent years,with the rapid development of information automation technology,the protection of personal information has become a hot issue in China's legal field.However,there are not many researches on legal issues related to medical and health Information in China,and the research on the protection of laborers' medical and health information also mostly starts from the perspective of protecting the privacy rights of laborers.Through the construction of privacy protection system,the general protection of laborers' information related to personal privacy is carried out.As a highly sensitive personal information,medical and health information has higher comprehensive value and risk of infringement on personal dignity and freedom compared with general personal information because of its inherent personality and property factors.The protection of laborers' medical and health information is confronted with the infringement of the employer's right to know because of laborers subordinate status,which easily leads to the employment discrimination or illegal dismissal of the laborers.Therefore,this article starts from the problems in the protection of medical and health information of laborers in China at the present stage,and uses literature research,comparative research and other methods to try to make an in-depth discussion on the legal protection of laborers' medical and health information.The article is mainly carried out in the following five parts: The first part introduces the concept and characteristics of medical and health information and laborers' medical and health information,and emphatically distinguishes the relationship between personal information and privacy,laborers' medical and health information and privacy,in order to clarify the particularity of laborers' medical and health information.The second part introduces the legislative status medical and health information protection for laborers in China and analyzes the deficiencies of the current system.The third part based on the laborers' right to medical and health information and the employer's right to know,takes the stage of the conclusion,performance,termination and ending of labor contract as the time node,and focuses on the conflicts between them under the current system.The fourth part discusses the legislative model and specific system of protecting the medical and health information of laborers in the EU,the United States,and Japan.The fifth part returns to theChinese context and proposes that the current construction of the medical and health information protection system of laborers in China must pass the promulgation of unified personal information protection legislation,with the right of personal information as the basis and differential protection of medical health information.Through the legislation in the labor field,special rules are provided for the employer's medical and health information protection obligations,so as to promote the balance and coordination between the economic interests of the employer and the information interests of the laborers.The author hopes that through the study of this issue,the academic community will pay attention to the protection of laborers' medical and health information,so as to establish an effective legal system and further improve the protection system of laborers' rights.