Research On The Legal Protection Of Patients Personal Information Under The Background Of Civil Code

The rights and interests of patients’ personal information means that patients’ sensitive information enjoys the special personality right which is not infringed by other rights subjects.Along with the medical information and the new crown epidemic situation,the tort cases of patients’ personal information rights are increasing rapidly,which seriously infringes the patients’ rights and causes the patients’ personal information leakage and other medical disputes.At the same time,articles 1222 and 1226 of the Civil Code stipulate that patients’ personal information shall be protected by law,and the theoretical research and judicial practice of patients’ personal information are at the initial stage,it’s incomplete and immature.This article is divided into four parts.First,taking “Patient’s personal information” as the research object,clarifying that “Personal Information Protection Law” is a special law of“Civil Code”,on the basis that “Personal information protection law” is applicable to patients’ personal information rights and interests,summarize and sort out the basic theory of“Personal information” and the orientation of legal attribute.Second,to explore the legal relationship of patients’ personal information,the identification of torts and damages.Third,by sorting out the foreign countries on the “Patient personal information protection” of the legal status quo,to provide reference for our theoretical research.In addition,according to the difficulties of identifying the object of the right,the lack of the law of protecting the right of the patient,the lack of the obligation of the doctors and the difficulty of protecting the information of the new patients,the author puts forward some suggestions on how to improve the legal protection.For example,the definition of the nature of patients’ personal information is classified as sensitive information,the formulation of the law on the protection of patients’ rights,the strict implementation of the “Patients’ information processing obligations”,the formulation of the “Minimum Compensation Standard” and the improvement of the rules for the collection of new patients’ information.The protection of patients’ personal information is helpful to harmonious medical relations,strengthen the attention to patients’ rights,at the same time,balance public interests and new crown patients’ rights and interests,reduce the risk of patients’ rights infringement,which is the booster to realize “2035 healthy China”.