Research On The Path Of Privacy Protection Of Personal Medical Information

Privacy right is a basic human right,which embodies the self-worth and dignity of human beings.With the development of material and spiritual civilization in human society,people pay more and more attention to the protection of privacy right.With the advent of the information age,the commercial value of personal information becomes more and more prominent,and information privacy right has naturally become a hot topic.Medical information is more private than general personal information.Once a large amount of sensitive personal information is illegally disclosed,it will cause serious damage to the personal dignity,social reputation and reputation of the information subject.Because of the particularity of medical activities,the subject of medical information often does not have much choice in the collection and use of information,and has a weak right of control over medical information.With the use of the Internet in the health care industry,coupled with the already weak concept of privacy in our country and the lack of related legislation,personal health information privacy faces enormous security hidden danger at any time,therefore,to protect personal medical information privacy is very important and urgent,but the current regulations related to the protection of personal health information is not clear,medical tort occurs frequently in the field of information,to disputes,lawsuit is more and more.The United States has established a sound legal system of health information privacy protection earlier,represented by the Health Insurance Portability and Responsibility Act(HIPAA)formulated by the Clinton Administration in 1996,which formulated detailed privacy rules and security rules to protect personal medical information,and has been increasingly improved in judicial practice.According to the law,health plans and certain medical service providers are prohibited from disclosing personal medical information without consent in the process of diagnosis and treatment or care services,and are required to take appropriate security measures to protect personal medical privacy.The law also specifies violations of the law.Therefore,this paper takes the protection rules of personal medical information in the Act as the research object,and studies the judicial practice and case cases in the application of the Act in the United States,and makes an objective evaluation of the legislation in the United States from the theoretical and practical levels.Specifically,the ideas of this paper are as follows:The first part of this paper introduces the basic theories of personal medical information and privacy,clarifies the relationship between personal medical information and privacy,and explains the necessity of personal medical information privacy protection.The second part of this paper introduces the basic issues such as the subject of personal medical information obligation and the scope of personal medical information protected in HIPAA.On this basis,the framework structure and specific system of HIPAA are deeply analyzed,and the standards for the disclosure and use of personal medical information,informed consent rules,notification rules,unidentifiable use rules,and the limits of medical privacy protection are discussed.The third part introduces the exceptions to the rules of privacy protection of personal medical information from the perspectives of safeguarding the public interest,de-identifying the use and the consent of the information subject on the basis of foreign relevant cases.The fourth part of this paper discusses the current situation of China's legislation and judicial practice.Finally,based on the previous analysis of the pros and cons of the theory and practice of HIPAA privacy rules,the fifth part of this paper puts forward corresponding suggestions for the improvement of China's legislative system according to the current legislative status of personal medical information privacy protection in China and the problems in China's judicial practice.Suggestions are put forward to improve the protection of personal medical information in China.