Legal Research On Personal Health Information Protection In The Background Of Big Data

Personal information has become a widely contested resource for various industries with the advent of big data information age.With the rapid development of online health care,the importance of personal health information is increasingly emerging.Personal health information has multiple values,such as public value,property value and so on.The multiplicity of value increases the complexity and difficulty of personal health information protection.The risk of information improper processing is higher,thus making personal health information protection more serious.It is manifested as information leakage incidents are repeatedly banned.With the publishing of Personal Information Protection Law,Personal health information is clearly listed as a type of sensitive personal information.Once personal health information is leaked,it will lead to social discrimination,property loss and other serious consequences.To this end,countries around the world have issued relevant laws and regulations to regulate the handling of personal health information.The research of personal health information legislative protection mode in China is mainly released in civil law,criminal law and administrative supervision at present.Although China has issued a number of laws,regulations and policy documents to protect personal health information,there are still various problems such as decentralized legislation and weak operability.This paper aims to analyze legal protection problems of personal health information in the background of big data,and put forward corresponding solutions for legal protection problems,so as to improve the legal protection system of personal health information in China.The article mainly includes the following aspects.Firstly,the article has clearly elaborated the argument on the concept,cognition,origin and significance of personal health information,and in addition,clarified the connotation and extension of personal health information.What’s more,it has defined personal health information from both broad and narrow dimensions.This paper has compared and distinguished the connotation between medical privacy and personal health information.It clarifies that personal health information belongs to personality rights and interests.It takes some time to reach the conclusion that personal health information has both public and commercial value by analyzing the developing process of medical industry informatization.The significance of personal health information protection is also introduced.Secondly,the article has mainly analyzed the situation of legal protection of personal health information at the moment in China and posed the questions which existing in current legislation.Personal health information is extremely vulnerable to infringement due to improper collection,improper disclosure,improper storage and the weakening of the informed consent mechanism.In view of the legal protection of personal health information,laws in China has provided the protection principles at macro level and clarified the normative measures in the field of health through releasing policy documents at micro level.However,there are still a good deal of problems,such as unclear legal benefit orientation,imperfect legislative system and unclear relief mechanism.For this purpose,the third chapter of this paper has made a comparative law analysis of the legal protection of personal health information in order to solve the above problems.In particular,analyzed the legal protection model of European Union and the United States for providing useful reference for Chinese legislation.Among them,EU adopts legislative protection mode of rights to personal information,it brings all personal information into the protection scope of the legislation and lists personal health information as special types of information which opening strict protection mode.United States adopts privacy mode to protect personal health information.It enacts the Health Insurance Portability and Accountability Act to give personal health information specifically protect.Referring to privacy mode in the United States meet the needs of China’s environment through comparative research.It should focus on solving legislative decentralization problem from the perspective of unified legislation.And finally,I have proposed suggested solutions in order to strengthen legal protection of personal health information,specifically,I have clarified the connotation of personal health information rights and interests,suggested to formulate personal health information regulations and put forward the judicial relief ways of personal health information.Current personal health information protection in China should pay more attention to the protection in the narrow sense.Big data economy has good developing,at the same time,the leakage of personal health information is fatal and irreparable to patients.How to protect personal health information in an all-round,multiple dimensions and efficient way is an urgent problem to be solved.