Research On Legal Issues In The Regulation Of Cross-border Flow Of Personal Health And Medical Data In China

With the development,construction and use of medical information platforms and electronic health information platforms in various countries in the world,global health and medical data has shown explosive exponential growth in an unprecedented situation.Understanding the origin of disease and redefining a new era of health technology,the global flow of health and medical data has become one of the salient features of the new era.The cross-border flow of personal health and medical data is an inevitable demand.Then,the cross-border flow of personal health and medical data may also bring risks to national security and personal interests.How to balance the advantages and disadvantages?The purpose of this thesis is to create a regulation model for the cross-border flow of personal health and medical data that is more in line with the needs of the times.Under the guidance of this purpose,the article mainly uses the method of comparative research to conduct research on the supervision of cross-border flow of personal health and medical data.First,this paper examines the concept of personal health and medical data in detail,in order to clarify the conceptual origins,similarities and differences between personal health and medical data and personal data,and lay the foundation for the discussion below;secondly,from the cross-border personal health and medical data The actual needs and potential risks of the flow are unfolded,and a panoramic analysis of the cross-border flow regulation of personal health and medical data is faced with the balance dilemma between meeting the needs and responding to the risks.The European Union and the United States,which are at the forefront of data regulation,compare and investigate the shortcomings of China and carry out comparative research selectively from the outside to the inside.By examining Chiness shortcomings in the regulation of the cross-border flow of personal health and medical data,it can be found that Chiness overall regulatory path is still unclear,and the logic tends to be conservative.The regulatory rules are difficult to implement at this stage.Faced with the United States and the European Union’s data regulation The "rule crowding out" in the field tends to respond passively,lacking the awareness of proactive attack and the awareness of overall layout.In the next stage,China can learn from the desirability of the United States and the European Union regulatory models,clarify the regulatory path,insist on the parallel application of privacy protection and health and medical data protection;transform the regulatory logic;strengthen the awareness of initiative,and fully export based on the "Global Data Security Initiative" China advocates in the field of data regulation;refine the regulation rules,realize the early stage of regulation,and provide enterprises with clear compliance guidelines.