A Study Of Hipaa Privacy Rule

With the informatization construction of the medical industry in full swing,China’s medical service level has been strongly promoted and made great progress.At the same time,due to the frequent occurrence of medical data leakage incidents,people’s focus has shifted to the information security of medical data.The outbreak of COVID-19 has exacerbated the conflict between personal health information privacy protection and medical data processing.Excessive disclosure of personal health information may lead to privacy leaks,triggering social crises in work and life.However,for the sake of public safety,if the personal health information is not disclosed at all or not disclosed properly,it will not be conducive to the traceability of the virus,resulting in the inability to effectively deploy epidemic prevention and control measures.In the process of disclosing and using personal health information,the big challenge is how to collect,disclose and use information in a legal and compliant manner,minimize the impact on the rights of information subjects,and effectively implement epidemic prevention and control.The balance of value between information protection and the use of personal health information is a legally debated topic.The first chapter introduces the legislative background of HIPAA and its privacy rule,clarifies the legislative origin of HIPAA,the historical development of protecting the privacy of personal health information in the U.S.,and the emergence and revision process of the privacy rule,and analyzes the necessity of protecting the privacy of personal health information,as a subsequent exploration of HIPAA.It serves as a background for the subsequent exploration of the important elements and issues of HIPAA.The second chapter discusses the scope of application of the privacy rule of HIPAA,firstly introduces the content and characteristics of the applicable subjects and objects of the privacy rule,and then clarifies that de-identified personal health information does not fall under the protection of the privacy rule in the light of the decision of Steinberg v.CVS Caremark Corp,and summarizes the criteria for determining de-identified personal health information.The third chapter discusses the disclosure and use of personal health information in the privacy rule of HIPAA,firstly introduces the content and characteristics of the privacy rule on the disclosure and use of information,and then and then combined with the judgment of Whalen v.Roe,it clarifies that the protection of the privacy of personal health information can yield to the public interest and the disclosure and use of personal health information in the case of a sudden public health crisis.The fourth chapter discusses the enforcement of the privacy rule of HIPAA in the United States,firstly introduces the content and characteristics of the privacy rule regarding legal liability,and then clarifies the remedies for the right to privacy of personal health information in the context of Byrne v.AVERY CENTER FOR OBSTET.AND GYNE.,which established the right of private action for the first time.It also summarizes the advantages and disadvantages of the privacy rule of HIPAA based on the previous analysis.The fifth chapter elaborates the inspiration of the privacy rule of HIPAA to China on legislation and law enforcement,and introduces the current situation of personal health information privacy protection in China,mainly on the basis of the existing personal health information privacy protection in China,and talks about learning from the provisions and practices of the U.S.This article explores the legislative background and content of HIPAA privacy rule,deeply understands the protection path of HIPAA privacy rule for personal health information,discusses several important issues in the application of the privacy rule in combination with judicial precedents,and summarizes privacy the advantages and disadvantages of the privacy rule,and thinks about the current situation and problems of personal health information protection in my country,so as to provide reference for the protection of personal health information in China.