Health data governance in China: Emphasizing ‘sharing’ and ‘protection’ based on the right to health

Abstract

This article examines, within China’s complex healthcare sector, the extent to which China’s legal frameworks can adapt to a data-driven context that requires the reconciliation of public and private interests for the use of health data. Current data-processing mechanisms operate through individual consent, and administrative authorisation in mobile health settings are insufficient and ineffective to meet societal needs while simultaneously protecting individuals’ interests. In light of this shift of regulation from individual control to collective governance, this article argues that the principle of the right to health may complement this collective governance model. The right to health principle emphasises solidarity, justice, confidentiality, and collective responsibility, which may balance power asymmetries in the use of health data among different stakeholders. The article proposes a solution that incorporates the state’s obligation with private actors’ responsibilities, while stressing the importance of data sharing and the fair use of health data.