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KMID : 1025620210240040423
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Korean Journal of Medical Ethics
2021 Volume.24 No. 4 p.423 ~ p.459
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Ethical Issues concerning Health Data Ownership
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Cha Hyun-Jae
Kim Jun-Hewk
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Abstract
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In recent years, with the rise of the data economy, the amount of personal health data that is collected and stored has increased significantly and raised ethical and legal concerns over the question of who owns this data. This article reviews the relevant legislation in Korea, the EU, the US, and Japan and shows that in the current legal context there are practical problems with the concept of health data ownership. However, rather than abolishing that concept, this article attempts to situate it in a new ethical framework. Using Fraser’s critical theory of justice, which distinguishes between issues of redistribution versus recognition, this article argues that health data ownership should be understood in terms of a just relationship between data parties and data.
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KEYWORD
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data protection, data sharing, dataset, ownership, justice, cultural deprivation
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