Research On The Path Of Civil Law Protection Of Personal Medical Information

In today's civil legal environment,the protection of personal medical information has once again been put on the agenda.From one point of view,medical staff should not disclose patients' personal information,which is an immutable medical ethics.In the development process of modern times,no matter the state or non-governmental organizations,individual medical protection is regarded as an important content to be restrained.More and more patients attach importance to their own rights,which makes the vigorous development of big data while the protection of the law obviously cannot keep up with the development and changes of data.Therefore,it is necessary to will be encountered in the judicial practice at home and abroad,the academic research of typical examples of integration,comb,find out about our personal medical information protection system should adopt what way and the way,can we better adapted to the current social development,the protection of personal health information to provide more effective.Personal medical information is a kind of personal information,which is closely related to medical behavior.It has both personality attributes and property attributes,and is highly sensitive.The subject of infringement is more extensive,and has a certain social welfare.The personal information in the legal sense should be defined as a kind of personality interest.Personal information is legally a personality interest.It has two characteristics at the same time,one is the personality characteristics and property characteristics of personal information,the other is that it is closely related to medical behavior information.Medical institutions are the main collectors of personal medical information,and the users are more extensive.Personal medical information is highly sensitive,so once infringed,it will bring irreversible harm to the information providers.China learns from the protection method of the United States and protects personal medical information through privacy right and general personality right.Germany and France agree that the protection of general personality right should be carried out by respecting the freedom of the actor.It is necessary to ensure that the natural rights of natural persons are protected and the legal rights of main natural persons are supported,which contributes to the protection of both personality rights and property rights.At present,China has formed a relatively perfect personality right mechanism,of which the privacy right is the most important part.Therefore,the scope of privacy should not be expanded at will to protect the right of personality,which will cause damage to the general right of personality and diverge from the current legal system.Therefore,the right of personal information cannot be completely covered by the right of privacy in the process of setting up the protection system of personality right in China.Through the analysis of the relationship between privacy,personal information and personal medical information,we can identify which level personal medical information should be classified into.Personal medical information belongs to the category of personal information protection and is sensitive at the same time.Most of the personal medical information is not only related to patients' physiology,but also closely related to patients' psychology.Personal medical information not only has the characteristics of personal information,but also has its particularity,which provides an important argumentative basis for studying the protection of patients' personal medical information by civil law in this paper.Based on the analysis of the legislative system and cases,this paper puts forward the problems existing in the civil law protection of personal medical information in China,including the theoretical definition,institutional norms,judicial protection and the deficiencies in the supervision.In this process,through the comparison with other countries' legislative models,we find out the commonness and characteristics of the protection of patients' personal medical information in different countries,and find out the shortcomings of China.The protection measures of patients' personal medical information in the United States,Japan and other countries and regions can provide reference for China in many aspects.Furthermore,it provides ideas for the legal conception of the civil law protection of patients' personal medical information in China.At the same time,it is an effective method to study the problems related to the protection of patients' personal medical information by civil law by summarizing the forms of infringement through the combination of real cases and practical operations and absorbing useful experience.Based on the present situation of information civil law protection of individual medical treatment in patients with the analysis and the discussion of the related basic theory,combined with the current domestic situation and the study abroad mature experience,proposed targeted for patients in our country the idea of personal health information of the civil law protection system perfect,and to facilitate better sum up experience,put forward feasible Suggestions and countermeasures.Therefore,repositioning personal medical information,discussing its content,identifying the crux of the problem and correcting the deficiencies will be beneficial to the construction of the civil law protection system of personal medical information in China.