个人医疗信息的法律保护-法学理论专业论文.docx

Abstract People always experience illness and death through life, which may reveal a number of personal medical information to the doctor in the hospital. It is hard to avoid the personal medical information being leaked or being threatened for illegal use. But to the present, the law on personal information protection has not yet come on, which is unfavorable for protecting individual citizens’ information. Particularly in public health activities, there are no relevant laws and regulations on how to protect the patients’ personal medical information. Even the Personal Information Protection Act (experts recommend draft) which was firstly drafted in 2003 in China has no specific provision related to the protection of personal medical information in medical and public health activities, which is unfavorable for the full protection of public health activities, fully dig for the value of personal medical information and development of medical and health activities. In view of this reason, this paper attempts to investigate the legal issues on the collection, protection, processing and use of personal medical information in public health activities from the perspective of civil law, hoping to be beneficial for establishing a scientific and rational information management system, and be helpful for the state legislation of personal information protection. This paper falls into four parts. The first part of the study refers to the characteristics of personal medical information. This study analyzed the concept of personal information firstly, and then pointed out that personal medical information is composed of physical or mental health, and medical conditions. It shows six characteristics, therefore it is need to be protected it because of its unique nature. Then the study makes an in-depth analysis on the social basis of personal medical information and concluded that the objective conditions and chance of the protecting of personal medical information have been