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Research On Confidentiality And Limited Disclosure Of AIDS Population In My Country

Posted on:2022-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:T Y TongFull Text:PDF
GTID:2516306458497204Subject:Civil Commercial Law
Abstract/Summary:PDF Full Text Request
HIV/AIDS is a world-wide problem.Due to the incurability of the disease and the complex historical and social causes of discrimination,HIV/AIDS groups are highly sensitive to their own condition,which in turn makes it sensitive to the need for confidentiality and disclosure.HIV/AIDS groups or through the choice of keeping secret of personal information and privacy about health care,or called medical information,to avoid non-HIV/AIDS groups in social interaction on its direct or indirect discrimination.Generally speaking,since the current social environment has not really eliminated discrimination against AIDS,it is necessary,legitimate and lawful for HIV/AIDS groups to keep their medical information confidential.However,in some specific circumstances,including health care,marriage,whether the HIV/AIDS groups' confidentiality still has the aforementioned attributes?Through the analysis of the confidentiality of the HIV/AIDS groups' personal information and privacy and related rights conflicts,it leads to a discussion of the particularity of HIV/AIDS groups' medical information confidentiality.This paper expounds the particularity of medical information confidentiality in HIV/AIDS groups and the theoretical and legal foundations of this kind of secrecy.The other focus of this paper is the disclosure of the HIV/AIDS groups' medical information.In the disclosure of HIV/AIDS groups' medical information,which is the other focus of this paper,it specifically analyzes whether limited disclosure of HIV/AIDS groups' medical information should be carried out under four situations:health care,marriage,employment and public information,combined with the analysis of the legitimacy and legality of the limited disclosure of HIV/AIDS groups' medical information,the conclusion is drawn that the limited disclosure should be given to the close contact groups under specific circumstances.Furthermore,from the perspective of comparative law,this paper introduces and analyses the extraterritorial legislation on confidentiality and disclosure of HIV/AIDS groups' personal information and privacy.This paper also points out the problems of the relevant system in China,taking into account the similarities and differences between the central and local legislation on HIV/AIDS groups' medical information confidentiality and disclosure,and puts forward some suggestions for improvement.The author believes that our country should establish a unified law on HIV/AIDS prevention and treatment;and establish a system for informing spouses of their medical information during marriage examinations;and improve the medical information system by strengthening active testing and establishing an electronic data query platform;at the same time,attention should also be paid to avoiding excessive disclosure of HIV status and safeguarding the right to legal redress in the event of improper disclosure.
Keywords/Search Tags:HIV/AIDS, protections of HIV/AIDS group, personal information and privacy, right to privacy, right to know
PDF Full Text Request
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