Legal Protection Of Patients' Personal Information During The Circulation Of Electronic Prescriptions In My Country

Under the background of medical reform,with the in-depth promotion of policies such as separation of medicine and zero addition of medicine,the phenomenon of prescription flowing out of from hospitals is becoming more and more obvious.Pharmaceutical e-commerce and Internet medical fields are paying more attention to related drug market.The traditional paper prescription is obviously stagnating in adapting to the development of the times.The demand for electronic prescription is increasing in the drug sales industry and medical institutions,and the government is also gradually promoting the construction of electronic prescription sharing platform.Scholars pay increasing attention to electronic prescription.In the increasingly severe era of big data,medical and health information data formed by electronic prescription has also become an important economic resource.Unavoidably,there will be incidents of illegal acquisition of patients' personal information,which will have a serious impact on patients' life peace and personal dignity.At present,there is no specific sy stem for the protection of patients'personal information in electronic prescription in China,and the general personal information protection legislation is scattered,which cannot effectively protect the rights and interests of patients' personal information.Therefore,it is urgent to build a framework for the protection of patients' personal information in electronic prescription.From the perspective of civil law,this paper makes a discussion on the protection of patients' personal information in the process of electronic prescription circulation,in order to put forward some suggestions on the development of medical and health informatization represented by electronic prescription in China,promote the free circulation of prescriptions and guarantee the safety of patients' personal information.This paper is divided into four parts.The first part introduces the specific situation of electronic prescription and patient's personal information.Starting from the elaboration of the specific concept of electronic prescription,this paper summarizes the characteristics of electronic prescription in the development process,and discusses what legal attributes and legal effects electronic prescription should have in the medical field.This paper discusses how to protect patients' personal information in electronic prescription from the perspectives of personal information,the distinction between personal information and privacy,and patients' personal information,explains the necessity of protecting patients' personal information in the process of electronic prescription circulation.The second part analyzes the current situation of patients' personal information protection in the process of electronic prescription circulation in China.By combing the development process,relevant policies,legislation and judicial practice of electronic prescription in China,this paper introduces the current situation of electronic prescription circulation in China,and analyzes the problems and deficiencies of electronic prescription and personal information protection in China from the perspective of legal positioning of electronic prescription and legal basis of patient personal information protection.The third part introduces the regulation of electronic prescription in the United States,Japan,Australia and Germany,as well as the protection means and protection mode of patients'personal information in electronic prescription in detail.The author believes that China can make reference from the aspects of clarifying the content of personal information protection,determining the value orientation of protection,perfecting the relevant policy guidelines and legal systems,and giving play to the self-discipline and supervision of the industry.The fourth part is the suggestion to protect patients' personal information in electronic prescription in China.The author thinks that the main or special personal information protection legislation should be introduced from patients,embodies the perfect legislation to protect personal information processing principle of Angle,and from perfecting the protection mechanism in advance,after the event to share in responsibility and relief system,the use of personal information for patients with specific situation,the basic rules,such as personal information of civil responsibility established,legal consequences,Emphasize the need to perfect the corresponding civil relief system.Finally,combining with the application of strengthening the supervision of patients' medical information protection,strengthening the protection of patients' personal information,social co-governance and other means,the purpose of protecting patients' personal information in electronic prescription is achieved,and the development of electronic prescription is protected to the greatest extent.