On The Legal Protection Of Personal Health Information

In the era of big data,personal information has gradually become an important economic resource seized by all walks of life.A large number of illegal resale of personal information for profiteering has seriously affected social order and also affected the life and tranquility of information subjects.The medical field contains a large amount of personal information,of which personal health information is the most typical.Personal health information is highly specialized,and the value of personality is more obvious.With the rapid development of medical informatization,the collection and dissemination of personal health information has become more diversified and informatized,resulting in various types of personal health information violations.Once the personal health information is violated,not only the personal dignity of the information subject will be damaged,but also their property interests will be affected.At present,many countries and regions in the world have legislation to protect personal health information,and China 's current legislation on the protection of personal health information is fragmented and poorly operable,and it cannot effectively protect the personal health information of information subjects.Therefore,it is urgent to construct Protect the frame.This article aims to study the legal issues of personal health information,clarify the justification of special protection of health information,analyze the existing problems of personal health information protection in China,and propose specific systems to improve personal health information protection based on the problems.In addition to the conclusion,this article consists of five parts.In the introduction part,the increasingly serious personal health information leakage incidents under the background of medical information technology lead to the issue of personal health information protection,and the necessity and significance of protecting personal health information are proposed.The second part analyzes the justification of special protection of personal health information.Define the concept and content of personal health information.Analyze the legitimacy of special protection of personal health information from three aspects: the particularity of personal health information itself,the inevitable requirements of the information age,and the necessary conditions for the cross-border flow of information.The third part analyzes the predicament of personal health information protection in China.The type of personal health information infringements in judicial practice is analyzed in a typed manner,and the infringing behaviors are divided into improper collection,improper disclosure,improper use,and improper storage of personal health information.Then,it analyzes China's laws and regulations on the protection of personal health information,and points out the deficiencies of current laws,including the absence of special legislation on personal information protection,the narrow scope of legal interest protection of information subjects,and the inability to achieve the protection of personal information from personal health information.,Lack of civil relief mechanisms,and other issues.The fourth part compares and analyzes the protection of personal health information outside the domain.The European Union and the United States have adopted a positive approach to comprehensively protect the legal benefits of information subjects on personal health information.To strictly restrict the collection and processing of personal health information by health information collection controllers to achieve special protection of personal health information.At the same time,legislation should improve the civil legal relief mechanism for information subjects.Based on the current status and deficiencies of China's legislation on personal health information,it is considered that China should grant the information subject the right to personal health information and special protection of personal health information.The fifth part proposes measures to improve the legal protection of personal health information in China.Constructing China's personal health information protection system from the four aspects of choosing a personal health information protection legislation model,expanding the legal interest protection scope of information subjects,setting up information collection and utilization rules for enhanced protection of personal health information,and improving the civil relief mechanism.