Research On The Protection Of Patients’ Rights In Precision Medicine

Precision medicine is based on personal genome information,combined with other internal and external environmental information and clinical information of individuals,to formulate targeted personalized treatment plans,health security and disease prevention and control for patients or specific groups,in order to maximize curative effect and minimize adverse reactions.In the development boom of precision medicine,it has a great impact on patients’ right to informed consent,patients’ right to privacy,personal information rights and interests,etc.China’s existing laws do not respond well to the problems brought by precision medicine in terms of informed consent,patient privacy and personal information rights and interests.In the right of informed consent of precision medical patients,the legal provisions on the right of informed consent of patients in China are still relatively scattered.Among the laws,administrative regulations and departmental rules such as the regulations on the administration of medical institutions,the law on licensed doctors and the regulations on the handling of medical accidents,the level is low,the protection is not enough,there is no unified system,and there are still conflicts between laws and regulations.Although there are provisions on informed consent in the later civil code,it does not solve the above problems.Therefore,it is necessary to clarify how to reasonably use the norms and procedures of informed consent in the specific context and establish a third-party review mechanism to protect the right of informed consent of precision medical patients.In the right to privacy of precision medical patients,genetic technology and big data technology make extremely sensitive genetic information in a situation that may be exposed and abused at any time.We can learn from the provisions of the United States and France on the right to privacy of patients in precision medical treatment.The precision medical plan: data security policy principles and framework issued by the United States provides security policy principles and framework based on the existing privacy and trust principles;According to the general data protection regulations,France makes it clear that personal data belongs to individuals rather than the subject of data collection,and makes it clear that individuals have control over their data.China should establish the principles of the use,disclosure and effective use of patients’ privacy information in precision medicine,and refine the infringement forms of patients’ privacy in precision medicine.In the protection of personal information rights and interests in precision medicine,there are many difficulties in the specific practice of the personal information protection law,the "difficulty of proof" in judicial practice,the relative lag of the current management mode of regulators,and the limited influence of industry organizations on industry selfdiscipline,which restrict the development of precision medicine.We should actively respond to the challenges,tap the new value of big data in precision medicine,and clarify the responsibilities of regulators,Establish a unified and hierarchical regulatory body to ensure that each performs its duties and follows the applicable principles of personal information protection.