Research on the Legal Guarantee Mechanism of Chinese Medical Data in the Era of Intelligent Medical Treatment

• Published in: Wonkwang University Legal Research Institute Vol. 22; pp. 227 - 255
• Main Author: Di, Zeng
• Format: Journal Article
• Language: English
• Published: 법학연구소 31.12.2019
• Subjects: 법학
• ISSN: 2092-8599; 2508-5727
• DOI: 10.22397/bml.2019.22.227

Artificial intelligence, big data and cloud computing have become the three carriages of the digital economy, driving the development of the whole society. Under this background, intelligent health care came into being. In the era of intelligent medical treatment, the importance of medical data to promote the progress and development of medical and health services is more and more obvious. However, there are still some problems in the collection, storage, use, circulation and sharing of medical data, such as unclear ownership, inconsistent standards and inadequate security. These problems are the obstacles that have to be faced in the application of medical data. If the law is not clear, it will seriously hinder the development of intelligent medical services. It needs to comb the existing legal norms and combine with the characteristics of digital economy to seek the legal protection principles of medical data, so as to guide the law and solve the above problems. The first principle is informed consent, it means that no matter the subject of medical data is a state institution, an enterprise or an individual, the consent of the subject must be obtained when disposing the information. No matter how and who uses personal information data or the other medical data. the consent of the data subject must be obtained when using it. The second principle is reasonable use. Within the reasonable limit specified by law, medical data can be used in accordance with the law without the consent of the data subject, but personal information and privacy should not be infringed, and should not be used in a way that affects data security. Thirdly, the principle of security, it is to protect the security of medical data through legal mechanism, so as to avoid the risk of loss, illegal contact, destruction, change or disclosure of medical data. The last principle is circulation and sharing. It means the law should ensure that medical data can flow between markets and government departments, rather than impose unnecessary restrictions. The four legal protection principles of medical data exist side by side and play a part together, not a single one can be omitted. Through the unified coordination of informed consent, rational use, safety assurance and circulation sharing, we can standardize the path of legal protection, and point out the direction of medical data protection for legislation, law enforcement, administration and justice, so as to promote the medical data to play its due value. KCI Citation Count: 0