Research On The Administrative Regulation Of Personal Health Information Risk In The Era Of Big Data

With the application of big data technology in the medical field,personal health information is facing unprecedented challenges while showing great value.Opportunity and risk are like two sides of a coin.The rapid development of science and technology not only brings valuable opportunities,but also makes the modern society become a risk society.Although countries in the world are committed to promoting the development and application of medical big data,they also pay great attention to the protection of personal health information,but the risk attribute of personal health information has seldom been mentioned before.Although various countries and regions have made many beneficial attempts in the protection of personal health information and achieved certain effects,these means still show obvious limitations in the face of the complexity and uncertainty of personal health information risks.Therefore,this paper tries to construct a new personal health information protection mechanism to make up for the defects and deficiencies of traditional protection methods.This paper firstly introduces the origin and development of medical big data,paving the way for the special risks faced by personal health information in this context.Then,through the introduction of concepts and characteristics,the content of personal health information is accurately defined,and it is carefully distinguished from the privacy of patients,so as to broaden the dimension of personal health information protection.Next,based on a lot of personal health information security events,analyzes the risk of personal health information in medical new semantic scope big data environment,emphasizes the necessity of personal health information risk regulation,and illustrates the personal health information risk may occur in the process of value conflicts of rules and regulations,for the later set up the stage of risk decision-making process.In view of the risk attributes of personal health information,this paper introduces the risk society theory,points out the limitation of the application of traditional legal means in the field of risk regulation,explains the necessity of risk prevention from individual responsibility to collective governance,and introduces the great value of administrativeregulation means in this process.There is still a big gap between China's existing protection measures and the common practices of the international community,and we are unable to cope with the risks of personal health information.At present,various countries in the world have established their own system of personal health information protection rules based on different theoretical basis.Administrative legislation is still the usual means of personal health information protection,while tort protection and industry self-regulation means are used to make up for some deficiencies and defects of administrative legislation,and exist as supplements.Although all the above protection methods have their own advantages and have played a certain role,they all show the lack of risk regulation function when dealing with the risks of personal health information in the environment of big data.The traditional administrative law system structure with the "informed consent" mechanism as the core has been unable to meet the demand of exploring the value of personal health information in the new development stage,and also unable to cope with the challenges brought by big data and the risk society to personal health information security.Finally,the article aims at the defects and problems of the existing regulatory means of personal health information risk,along with the ideas based on scenarios and risk concepts,relying on risk regulation and administrative law theory,and combining the characteristics of personal health information risk,try a procedure The doctrine of doctrine builds an administrative regulation system of personal health information risks.The first is the establishment of a risk regulatory system.A relatively independent regulatory agency and a clear regulatory object are the prerequisites for the successful development of the risk regulatory process.The design of the program at this stage must ensure that the regulatory agency has the necessary freedom and prevents the abuse of regulatory power.The second is the risk assessment process.The primary task at this stage is to develop personalized assessment content based on the characteristics of personal health information risks.As the scientific basis of personal health information risk regulation,perfecting the expert selection system and introducing the peer review system are the prerequisites for ensuring the scientific reliability of the assessment conclusions.Finally,the establishment of riskmanagement procedures.Due to the simultaneous reliance on scientific governance and value judgment,in order for risk decision-making to ultimately be scientific,justified and acceptable,and to achieve good regulatory effects,public participation procedures,information exchange procedures and decision The establishment of a system of execution evaluation procedures becomes necessary.