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Legal protection of personal medical information

Author: ZhangYaNing
Tutor: QiJianHui
School: Northwest Normal University
Course: Legal Theory
Keywords: Personal medical information The right to personal medical information Legal protection
CLC: D922.16
Type: Master's thesis
Year: 2010
Downloads: 43
Quote: 0
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Abstract


People always encounter problems of illness and death, to the hospital to see a doctor will have a lot of personal medical information, these personal medical information the faces was leaked, and the threat of illegal use. But currently, the laws on the protection of personal information is yet to be introduced, which greatly detrimental to the protection of individual citizens. Especially in public health activities, how to protect the patient's personal medical information, whether abroad or lack of appropriate provisions of the relevant legal norms. Even in China in 2003 to begin drafting the Personal Information Protection Law (experts recommend draft) \The development of China's medical and health activities are unfavorable. In view of this, this paper attempts to proceed from the perspective of the Civil Code, to discuss the legal issues of personal medical information of public health activities to the medical institutions of the country to establish a scientific and reasonable information management system and the national personal information protection legislation has to help benefits. The paper is divided into four parts. The first part of personal medical information and features. First of all analyzes from the concept of the personal information, and pointed out that it has the characteristics of the six areas, and because of its unique nature so has the need for protection. And thus make a deep analysis of the social basis of personal medical information, and pointed out the urgency of the protection of personal medical information. The second part of the Analysis of the legal basis for the protection of personal medical information. First Analysis academia three different theories of personal medical information, from a legal point of extraction methods to protect personal medical information, and personality rights of the civil law system design on the basis of personal medical information protection system. The third part of the main line of personal medical information flow process from the point of view of dynamic micro, supported by the whole process of public health activities, generate more comprehensive profiling process in the personal medical information for public health activities. On the basis of analysis where the main problems, the idea of ??the protection of personal medical information and legal regulation. Part IV shall bear liability for infringement of personal medical information on the basis of the analysis of personal medical information right elements made profiling. Mainly from the point of view of civil tort liability, including the principle of attribution of personal medical information infringement, components Disclaimer The subject matter and civil liability.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Culture, education, health management Act
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