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KMID : 0986720140220020167
Korean Journal of Medicine and Law
2014 Volume.22 No. 2 p.167 ~ p.184
A Study on the Protection of Research Participants` Private Information : Comparing the United States HIPAA and Korean Personal Information Protection Act
Park Kyoung-Tae

Choe Byung-In
Abstract
Personal Information Protection Act implemented with awareness of the importance of personal information makes changes social security systems. Without exception, there are changes to protect participants¡¯ personal information in human subjects research. In accordance with these changes, I investigate problems that might occur in human subjects research and make suggestions for the protection of research participants¡¯ private information. Because most researches use personal information to make results.
Specific provisions on the protection of personal medical information are presented in Health Insurance Portability and Accountability Act(HIPAA) in the U.S. In Korea, there is Personal Information Protection Act as a general law. Even though they do not match the legal interests, there are the provisions relating to the privacy of research participants. So I compared HIPAA with Personal Information Protection Act. For the enforcement of them, the U.S. Office for Civil Rights and Korea Privacy Complaint Center and Korea Personal Information Dispute Mediation Committee receive and resolve complaints. To protect the personal information of research participants, researchers should explain the purpose and scope of personal information, whether to provide it to the third party, and whether to disuse the used data. IRB should supervise whether the research participants" personal information is being used within the scope of agreement and revise regulations for the protection of personal information. To exclude the ambiguity, we need to discuss the specific range of the protected personal information and the scope of anonymizing for researches are expressly provided.
KEYWORD
Privacy, HIPAA, Personal Information Protection Act, Personal Information
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