Application Dilemma And Suggestions For Improving The Principle Of Informed Consent For Personal Medical Information

In the process of accelerating the application of big data technology in the medical and health industry,the principle of informed consent has been subjected to multiple impacts at the technical and institutional levels.On the one hand,since entering the era of mobile Internet,the means of collecting and processing personal medical information by big data technology are almost pervasive,which makes it increasingly risky for public authorities and commercial institutions to infringe on individual rights.On the other hand,China’s relevant legal system has not carried out a more detailed grading of personal medical information,and generally adopted the special consent model,although the form of personal medical information has established the strictest protection,but at the same time because of the higher standards for information collection and processing,the contradiction between the information subject and the processor has been invisibly aggravated.This has caused many difficulties in applying the principle of informed consent to personal medical information in China.In the general theory section,the multiple interests of personal medical information and the necessity of the principle of informed consent are analyzed.As a sensitive personal information,personal medical information has multiple attributes,not only the personality rights and interests of the information subject,but also the property rights and interests of the information processor and the public interest.As one of the basic principles of personal information protection,the principle of informed consent can not only protect the right of self-determination and privacy of information subjects,but also promote the compliance development of corresponding industries.Through the collation of laws and regulations,the actual situation is analyzed,and the corresponding application dilemma is summarized,which is specifically manifested in: the scope of application of special consent is too broad,personal medical information cannot be effectively protected,and the lack of hierarchical protection system has formed an obstacle to the effective use of medical information resources.It is necessary to change the pattern of protection of interests that are particularly unbalanced,and seek a balance of interests of all parties to solve the current dilemma.Specifically,the principle of informed consent can be optimized as follows.First of all,because the complex interest structure of personal medical information makes its right to self-determination not exclusive,coupled with the intensive application value and high classification characteristics,it has the feasibility and legitimacy to achieve a balance of interests,and the application conditions of special consent should be further tightened by adding statutory exemptions.Second,establish a hierarchical protection system for personal medical information based on hierarchical consent,improve the rules for information subjects’ consent,set reasonable industry standards,and form a good dynamic assessment mechanism to achieve the purpose of reducing the difficulty and cost of obtaining consent.Finally,to optimize the notification obligation of information processors,on the one hand,it is necessary to adopt the legislative idea of value balance,give sufficient protection to the property rights and interests of processors,avoid excessive emphasis on the protection of the individual rights and interests of information subjects,and on the other hand,refine the content and methods of information processors’ notification,implement effective information disclosure and feedback mechanisms,effectively protect the rights and interests of information subjects,and improve the effectiveness of consent.