Research On The Right To Portability Of Medical Data

Personal Information Protection Law of the people’s Republic of China has been introduced,and the third paragraph of Article 45 clearly stipulates the data portability rights of information subjects.As a new right,the generation and development of data portability is a response of the era of big data on the Internet.After the European Union passed the GDPR to protect it,the legislative protection of data portability is in the ascendant in various countries.The digitization process of medical institutions is accelerating,and the information platform between medical institutions is gradually established.As the subject of medical data,patients also have the practical demand of data portability.Personal medical data rights and interests protected by the right will become a significant research object in the field of civil law and personal data protection.Chapter one proposes the research background of the paper and summarizes the existing literature.Some foreign scholars have discussed the operability of health data portability and proposed that data portability is closely related to personal information cybernetics.In China,data portability right is a new right.Domestic researches on the right mainly focus on the construction of the theory,and there are few literatures directly involving medical data portability right,which is also the innovation of this paper.Chapter two describes the basic concept of medical data portability and the existing practical problems.Data subjects themselves have weak control over personal medical data,medical data collection has a certain degree of non-voluntary,and the specific rules of medical data portability are currently in a state of absence.These problems highlight the realistic dilemma of medical data protection and data portability in our country.Introducing data portability in medical data field helps solve the above problem.Chapter three points out the imperative and feasibility of establishing medical data portability right in our country.Its necessity is manifested in three major demands,namely,the realistic demand to break the status quo of "data island",the personal diagnosis and treatment demand to improve the level of personalized medicine,and the realistic demand to respond to the online consultation of common diseases.Its feasibility is manifested in three aspects:medical data meets the applicable conditions of the right of portability,has the right basis of establishing the right of portability of medical data,and has the legislative basis of personal medical data protection.The specific application of the right to portability of medical data in the medical field not only has its necessary value and practical demand,but also has specific applicable legal and social environment.Chapter four studies the right construction of medical data portability.The subject of the right of portability of medical data is a natural person,usually specifically refers to patients,and the subject of obligation is a medical institution in a broad sense.The object is the personal medical data voluntarily provided by the data subject and the data obtained through observation by medical institutions.Such medical data should be third-party free,machine-readable and automatically processed.The content of rights specifically includes the right to access medical data and the right to transfer medical data.The content of obligations refers to the obligations undertaken by the subject of the right of portability of medical data,namely,the obligations of medical institutions,including the obligation of notification,verification,reply,technical guarantee and security guarantee.The exercise of rights should also pay attention to the boundary of rights.First,the data subject’s request to exercise rights should be based on the subject’s consent or contract.Secondly,the portability of medical data should be compromised in public interest,major medical disease research and other public welfare situations.Finally,this right cannot be applied before the right to be forgotten.Chapter five puts forward the necessary construction of medical data portability right,which should pay attention to the unification of standardized path and guaranteed path.First of all,in terms of the normative path,the establishment of the portability right of medical data should be discussed in the specific context of the medical field,and a right protection system consistent with the civil code should be established at the same time.Secondly,in terms of the protection path,it is necessary to improve the relief mechanism of the right of portability of medical data,establish the supervision mechanism of personal medical data portability,and jointly construct the right of portability of medical data through multiple means and approaches.