A Study On The Legal Problems Of The Rights And Interests Of Personal Information In Biobank

The biological sample database serves as an important foundation for biomedicine and provides an accurate platform for medical research.Medical research institutions use biological sample banks for evidence-based medicine research and analysis of typical cases.At present,the development of China’s biological sample database is on the rise,and growing individuals are participating in the research of the biological sample database.Therefore,the protection of relevant personal information rights and interests has gradually attracted attention from all walks of life.Meanwhile,China’s laws and regulations are not tight,there is very little research on the biological database in the field of legal theory.This article try to break through a single perspective of privacy protection,and explored the legal protection of personal information in a multi-dimensional biological sample database for a biological sample database through the clarification of the relevance theory of personal information in the biological database,combined with the ethical and related characteristics involved,.The protection of personal information rights in China provides theoretical support and practical norms.The full text is divided into three chapters:The first chapter summarizes the meaning of the biological sample database and explains its legal nature and characteristics.The personality and property attributes of the biological sample bank are cited by relevant cases.The second chapter defines the rights of personal information in the biological sample database,clarifies the differences between privacy and personal information in the rights of personal information,and proposes that it should not be limited to a single model of privacy protection.It should be determined that personal information rights are used as the protection content,and at the same time individual privacy protection Demand is a multiple protection system that uses internal limits as personal information.The third chapter discusses the practice of personal information protection in the biological database.Starting from informed consent,biological sample protection,extraterritorial personal information protection law,the problems in the protection of personal information in the biological sample database are analyzed.Especially in the judicial practice,it analyzes the non-identical and requesting rights base of the personal information in the infringing biological sample database,and provides the means for the relief of the infringed person.The innovation of this article is reflected in the research content,including:(1)Analyze the attributes and related issues of the biological sample database from the legal level,which is different from the research perspective of medical ethics or hospital management;(2)In the biological sample database The protection of personal information rights in China differs from the one-dimensional protection model provided by the privacy theory for personal information,and it proposes a multiple protection model that uses personal information rights as the main content and privacy rights as the internal limits of personal information.