Legal Regulation Of Health Care Data Sharing

With the continuous development of artificial intelligence and big data technology,data has become an important factor of production in today’s society.Health care data is data related to health care that is generated in the process of disease prevention and treatment and health management of people.The sharing of healthcare data is necessary due to its irreplaceable role in the healthcare sector,and is also feasible due to the development of artificial intelligence,big data and other technologies and the promotion of national policies.The sharing of healthcare data has many practical implications,such as helping patients improve their healthcare experience,helping doctors improve the efficiency and quality of treatment,and empowering healthcare institutions and medical associations to expand their medical knowledge.While the sharing of healthcare data has become an inevitable trend,there is still room for regulation of the sharing of healthcare data.Currently,there are a number of practical dilemmas facing healthcare data sharing.Firstly,there are different interests in health care data sharing,and the game of each party makes it difficult to balance the conflict between data sharing and privacy protection.Secondly,due to the rapid advancement of big data technology and the inherent characteristics of healthcare data,patients will be faced with the dilemma of only knowing what they know,but not knowing why they know it,and the endless "bombardment" of "informed-consent"."The traditional model of informed consent is slightly less protective of data subjects.Third,the configuration of rights in healthcare big data is not yet complete.The law always lags behind the development of society.Although the Internet and big data technology have been developed for many years,their application to the medical field is still new,and even the various parts of the chain in the sharing of healthcare data have not formed a unified opinion on the ownership of healthcare data.Finally,due to the huge potential value of healthcare data,the spontaneity and blindness of the market combined with the lack of adequate technical protection measures can easily lead to a lack of self-regulation by healthcare institutions.In addition,the actual regulation of healthcare data sharing is very rudimentary,and the low level and limited scope of regulations and rules do not provide specific guidance,but only regulate at a macro level.At the same time,the sharing of healthcare data involves multiple entities and numerous regulators.Due to the existence of technical barriers,it is easy to create regulatory overlaps or regulatory vacuums between regulators.This makes it difficult to ensure the security of healthcare data sharing.A horizontal comparison with the GDPR and HIPAA can be used to determine the optimal path for healthcare data sharing in China.In addition to the existing doctrine of medical data ownership,China should scientifically configure the rights of healthcare data and protect data subjects with ownership rights and derivative rights;grant corresponding property rights and interests to data controllers and processors;and,in order to facilitate the implementation of full process management,regulators should have the right to review and other powers.To optimise "informed" disclosure by subject and stage for specific subjects;to optimise "consent" by introducing the principle of reasonable expectation of privacy and setting up a variety of consent models.Balance the conflict between data sharing and privacy by classifying health care data into different categories.Establish multiple remedies for multiple parties to regulate the sharing of healthcare data through civil law,criminal law,administrative law and industry self-regulation.