Research On The Legal System Of Personal Health Information Protection In The Internet Era

Internet under the background of network information technology and traditional medical combination of new mode of medical and health services are widely used,makes people at home or nearby can manage the health and enjoy the high quality medical resources,individuals need to own health information transmitted to the Internet via the Internet and service enterprises,medical institutions the recipient after specialized data processing and analysis of the ideas of health management and diagnosis results and feedback to individuals,to achieve the goal of maximum convenient patients.At the same time,with the development and application of medical big data,the types and contents of personal health information are constantly enriched,including personal identification,health status,medical status and other related information as well as the health-related information obtained after processing and processing of these information.The characteristics of "digital" are more obvious,the potential of scalable analysis is large,and the value of integration is higher.The rational development,sharing and utilization of these personal health information will play a significant and positive role in promoting personal health and disease management,improving the service quality and efficiency of medical institutions,improving the level and effect of medical scientific research,the development of medical and health industry and the construction of government healthy China.But it is under the background of Internet health new mode and new application,new scene constantly emerging,and the continuous application of large medical data,makes the personal health information in the whole life cycle stages are faced with more and more,and all kinds of new type of infringement,personal health information leaks,illegal collection,abuse of serious violation,the information main body personality freedom,equality of personality and dignity personality interests,and personal health information tampering with not only violate the above personality interests,also would result in grave damage to body’s life safety and health.At present,the current law takes the protection mode of privacy right and personal information right double protection path to the protection of personal health information.However,the endless incidents of personal health information infringement have proved that the existing protection model is facing the impact and challenges in the Internet environment.First of all,the protection system under the path of privacy protection cannot cover and solve problems such as new torts of personal health information,new tort liability determination,and how to remedy rights in all aspects.The absolute inviolability of privacy also hinders the development,sharing and utilization of personal health information in the context of the development of medical big data.The protection path of personal information right also faces many problems.First,the protection system of general personal information is adopted to protect personal health information,without considering the particularity of personal health information.Second,the existing legal protection system loses effectiveness under the new model of health care and medical big data,which is mainly manifested as the weakening of the subject’s control over personal health information.Third,the technical protection measures taken by Internet medical institutions and enterprises to fulfill their personal health information protection obligations are facing the digitization dilemma;Fourthly,as an emerging industry combining the Internet and traditional medical treatment,the government’s supervision of the Internet medical and health market is backward and the supervision means are single,resulting in the failure to effectively regulate the infringement of personal health information.Therefore,in order to improve the legal system of personal health information protection,the author proposes the selection and reconstruction of personal health information protection mode on the basis of analyzing the failure of the existing protection mode to provide effective protection for personal health information in the Internet environment.Firstly,it is the choice of protection path under the protection mode.It is pointed out that a single protection path of personal information right should be chosen,which can provide comprehensive,efficient and comprehensive protection for personal health information.Secondly,through the comparative analysis of the protection modes of the right to personal information outside the region,it is proposed that comprehensive laws on the protection of personal information should be formulated with private rights as the center,and general information and sensitive information should be distinguished in this law,and the protection of personal health information should be included in the protection scope of sensitive information.However,it is still necessary to consider the differences between personal health information and other sensitive information,and further propose the establishment and improvement of the specific legal system for the protection of personal health information within the restructured systematic framework.In the improvement of the legal system of protection of personal health information advice,in this paper,on the basis of combined with extraterritorial protection experience,starting from the actual situation in our country put forward the improvement of the legal system of protection of personal health information specific Suggestions,advice mainly on four aspects: one is to establish personal health information protection and sharing system,from the protection principle and the exceptions and regulation information processing behavior both balance information conflicts of interest between subject and other subjects;The second is to improve and implement the right to know,right to correct,right to delete and right to remedy the subject of personal health information to strengthen the right of control of the subject information;The third is to refine the personal health information processing personnel security obligations to implement their protection responsibility and improve their self-awareness;Fourthly,the multi-subject cooperative supervision mechanism under the leadership of the government should be established to improve the supervision efficiency.In this way,personal health information can be shared and developed on the basis of full protection,so as to realize the win-win situation between the independent value of personal health information and the shared development value.