Research On The Protection Path Of Personal Medical Information From The Perspective Of Contextual Integrity

As part of sensitive personal information,personal medical information covers highly private information of citizens,and in the context of full-scale implementation of electronic medical records,problems such as ambiguity of legal standards and limitation of protection contents remain prominent.In the face of the complex attributes of medical personal information and the multiple interests it carries,there is an urgent need to seek new protection ideas and improve the existing framework.Helen Nissenbaum believes that information does not lie in control,but in appropriate circulation.A scenario-oriented approach to personal medical information protection can avoid a "one-size-fits-all" protection approach,and formulate corresponding information regulations according to different medical scenarios,so as to put personal medical information protection in a dynamic environment.This paper is divided into four chapters.This paper is divided into the following four chapters.The first chapter provides a theoretical analysis of personal medical information.The first chapter clarifies the connotation and extension of personal medical information,and distinguishes its difference from personal health information and medical privacy to further clarify the concept of personal medical information.The second chapter composes and summarizes the current situation and problems of personal medical information protection.Through summarizing the legal system and normative documents,and combining with judicial cases and the current situation of practice,the current dilemma of personal medical protection in China is clarified.The third chapter introduces the scenario theory into the protection framework of personal medical information.Based on the analysis of the constituent elements of the scene theory,the medical scene is divided into six specific scenes based on the criteria of direct or indirect participation of information subjects in the scene,and the content of each scene and the scope and purpose of information collection are elaborated.The fourth chapter improves the legislative system,specific processing rules and technical regulation of personal medical information protection respectively with the help of scenario theory.The scenario theory should be incorporated into the special law on medical information protection to achieve a balance between medical information protection and utilization;the scope of subjects and responsibility should be clarified in conjunction with specific scenarios,the principle of informed consent should be reconstructed based on different scenarios;the information in the improvement of technology and regulatory system,we should strengthen the technical protection of the whole cycle of information and set up a third-party regulator to fill the regulatory gap,so as to protect the protection of personal medical information together.