Research on Medical Information Privacy and Security Legal Issues in China-Take Electronic Medical Record as an Example

Abstract

As the main carrier of health care information, electronic medical record contains the medical information produced by individuals in the process of medical treatment complete and detailed.It has many advantages of traditional paper-based medical records. But in its application, medical information leakage lead to personal medical information suffered infringement because of data security, management loopholes. Privacy rights are impacted. The legislation and theory research on the protection of medical information privacy in China are weak, and privacy has no independent status in Chinese legal system. The idea is to take comprehensive legislation or to formulate the special laws for the protection of personal medical information privacy. In the legal norms, the right of the information subject to its medical information, obligations of Information management and user should be clearly defined, at the same time, coordination of self-regulation and preventive measures strengthen all-round protection of electronic medical information privacy. This study puts forward relevant policy recommendations to provide reference to the government and related institutions. It can help the government formulate effective policies, remove barriers to promotion and accelerate the interoperability and use of electronic medical records.