| People always experience illness and death through life, which may reveal anumber of personal medical information to the doctor in the hospital. It is hard toavoid the personal medical information being leaked or being threatened for illegaluse. But to the present, the law on personal information protection has not yet comeon, which is unfavorable for protecting individual citizens'information. Particularlyin public health activities, there are no relevant laws and regulations on how to protectthe patients'personal medical information. Even the Personal Information ProtectionAct (experts recommend draft) which was firstly drafted in 2003 in China has nospecific provision related to the protection of personal medical information in medicaland public health activities, which is unfavorable for the full protection of publichealth activities, fully dig for the value of personal medical information anddevelopment of medical and health activities.In view of this reason, this paper attempts to investigate the legal issues on thecollection, protection, processing and use of personal medical information in publichealth activities from the perspective of civil law, hoping to be beneficial forestablishing a scientific and rational information management system, and be helpfulfor the state legislation of personal information protection.This paper falls into four parts. The first part of the study refers to thecharacteristics of personal medical information. This study analyzed the concept ofpersonal information firstly, and then pointed out that personal medical information iscomposed of physical or mental health, and medical conditions. It shows sixcharacteristics, therefore it is need to be protected it because of its unique nature.Then the study makes an in-depth analysis on the social basis of personal medicalinformation and concluded that the objective conditions and chance of the protectingof personal medical information have been met, pointing out the urgency for theprotection of personal medical information.Part two explores the legal basis for the protection of personal information.Firstly, this part makes simple assessment of personal information of three differenttheories in the academic field, and put forward the insightful views of this study,regarding the general personality right system as historical basis and theoretical foundation, thus construct the right of personal information.On the basic analysis of Part two, the third part discussed on the practical issuesof the protection of personal medical information and its legal countermeasures fromthe dynamic point of view. Based on the main line of the process of personal medicalinformation, supplemented by public health activities in the entire process referring tocollection, storage, processing and use, this part makes a comprehensive analysis ofthe possible problems arising in the public health activities of the personal medicaland poses some legal strategies.Part four describes that the violations of personal medical information shouldbear legal responsibility, which is analyzed mainly from the perspective of tortliability, including the principle of attribution of violations constitute of personalinformation, the elements of civil liability, and exemptions. |
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