Study On The Construction Of Medical Data Portable Rights In China

While the draft Law on the Protection of the People’s Republic of China on Personal Information is still under consideration,the adoption and implementation of the law will be significant in the absence of specialized legal protection of personal data.Data portability is a new right.As the civil right of the data subject,it gives the data subject the right to transplant the personal data processed by the data controller from one organization to another in a structured,common and machine-readable format.More and more attention has been paid to the role and significance of this right in protecting the interests of citizens.In the era of Internet big data prevalence,most data subjects have a stronger sense of control over their own data,especially patients with medical data.In this regard,the protection of personal data interests carried by the portability of medical data will become an important research direction of civil law and personal information protection law.From the comparative law,data portable rights come from the European Union’s General Data Protection Regulations(hereinafter referred to as GDPR),which has aroused hot discussion around the world.Most countries,such as the United States and South Korea,are still optimistic about this application.They have also introduced relevant laws and regulations on the flow and control of personal data.So far,most of the discussion on data portable power in China has still focused on theoretical discussion and research,and still lacks research in the practical field.Therefore,the discussion of medical data port ability from a perspective of the medical field helps to remedy the lack in this respect.At present,most medical data still have the phenomenon of " data island ",and many patients have the difficulty in self-data management and control and low safety.At the same time,this will also lead to the problem of medical data subjects making repeated physical descriptions of different doctors during diagnosis and treatment,which greatly reduces the quality of medical services and reduces the efficiency of medical data circulation.The construction and application of medical data port ability provides a better way to solve these problems.Medical data portable power can allow patients to master and transplant their own data,and can also improve the quality of medical services and data circulation efficiency to a certain extent.China is worth in-depth research in the field of medical data.With the help of the introduction of data carrying power,it helps to break through the data barriers in the medical field.From the point of view of the necessity and feasibility of the construction of medical data portability,the necessity is mainly reflected in five major needs,namely,the legislative need of personal data protection,the realistic need to break the data island,the mobile sharing demand of medical data,the individual’s demand for control of medical data and the need for security protection of medical data.The feasibility of medical data is mainly reflected in four bases: the legislative basis of personal data protection,the theoretical basis of information self-determination,the right basis of medical data portability and the technical basis of data portability of medical data in China.As a new civil right,the portability of medical data has its value and significance in the social and legal environment of our country.Furthermore,it is necessary to clarify the subject,object,content and limitation of medical data portability from the perspective of right structure system.The right subject of medical data portability should be limited to natural person,usually patient,and the obligation subject is mainly data controller,generally medical institution.The object of portability of medical data provides personal data related to patients in the form of structured identifiable features.The object of this right can also be subdivided into general type medical data object and special type medical data object.The content of portability of medical data mainly includes the right to obtain and transfer copies of medical data.The law gives the data subject the portability of medical data,but does not mean that there is no restriction on the exercise of the portability of medical data.Based on the national conditions,the data subject exercises the right to carry medical data with its specific use and limitation.The data subject should have a clear purpose in data processing,and the data subject can reject the behavior of personal data processing under certain circumstances.In addition,the national interest and public interest will become one of the restrictions on the portability of medical data,and it is necessary to restrict the exercise of the portability of medical data by the data subject under certain circumstances.The limitation and exercise of rights also need to consider the balance of interests between the two sides.The right of medical data portability is absent in the current legislation of our country,which brings great obstacles to the application of this right.Personal medical data involves everyone’s life and health,which determines that our country should pay attention to the right of medical data portability.Therefore,the realization of portability of medical data and the protection of rights are particularly important.From the point of view of the realization of the right to carry medical data of patients,it can be realized mainly from the inclusion of the Personal Information Protection Law(draft),the acceleration of the implementation of the data security law and the basis of civil law,and the determination that the right to carry medical data can be used as a kind of power of personal information right.In the guarantee path of medical data portability,it is mainly through the establishment of a special medical data circulation platform to ensure that the data subject can safely and effectively carry out data control transplantation.The protection of this right also needs to strengthen the joint supervision of the government and medical institutions.The construction and application of medical data portability brings convenience to the control and management of patients’ data transplantation,and also brings a new way to the diagnosis and treatment service of medical institutions.Combined with the present situation of medical data in China,the right of data portability is worthy of reference in our country.