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KMID : 0986720180260010163
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Korean Journal of Medicine and Law
2018 Volume.26 No. 1 p.163 ~ p.192
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A Study on Legislative and Policy Measures for Big Health Care Data
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Park Mi-Jeong
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Abstract
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The rapid development of information and communication technology has increased the amount of automated collection and storage of personal information, and its availability has grown exponentially. These changes have become a complex and enormous collection of digital data sets possessed by governments, corporations, and other large organizations, and are extensively analyzed using computer algorithms. Big data can be utilized in a way that directly affects individuals, so a new legal framework is required to balance the use of big data and personal information protection. Until now the regulation for protecting personal information has personal information self-determination rights, the consent of the data subject, the de-identification of the personally identifiable information. However, as re-identification can become widely generated through innovative technologies that utilize big data, the paradigm of privacy may be changed to assess the value of data utilizing against potential privacy risks. Considering applicability, the practicality of the consent system should also be examined and changed. Future legislation and policies for utilizing big health care data should consider the categorization of personal information concept in order to prepare for the integration and sharing of data, and also consider the context and purpose of secondary use in order to ensure the appropriateness of legal interests. There is also a need for governance to intervene on the basis of a sufficient understanding of technology and policy from the legislative process. After analyzing the problems of Korean laws and policy, and compare with the EU GDPR(General Data Protection Regulation), this paper suggest improvement measures for the utilization of big health care data focusing on right to health information, continuous impact assessment and new governance.
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KEYWORD
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Privacy, Data Protection, Big Health Care Data, Health Data Control Rights, GDPR, 4th industrial Revolution
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FullTexts / Linksout information
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Listed journal information
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