|
KMID : 1234820100110010117
|
|
Korean Society of Law and Medicine
2010 Volume.11 No. 1 p.117 ~ p.143
|
|
|
The Protecton of Privacy on Secondary Use of Personal Health Imformation
|
|
Kim Jang-Han
|
|
|
Abstract
|
|
|
|
Along with the development of digital technologies, the information obtained during the medical procedures was working as a source of valuable assets. Especially, the secondary use of personal health information gives the ordeal to privacy protection problems. In korea, the usage of personal medical information is basically regulated by the several laws in view of general and administrative Act like Medicine Act, Public institutions’ personal information protection Act, Information-Network Act etc. There is no specific health information protection Act. Health information exchange program for the blood donor referral related with teratogenic drugs and contagious disease and medical treatment reporting system for income tax convenience are the two examples of recently occurred secondary use of health information in Korea. Basically the secondary use of protected health information is depend on the risk-benefit analysis. But to accomplish the minimal invasion to privacy, we need to consider collection limitation principle first. If the expected results were attained with alternative method which is less privacy invasive, we could consider the present method is unconstitutional due to the violation of proportionality rule.
|
|
|
KEYWORD
|
|
|
Medical institution, Protected health information, Privacy protection, Security, Secondary use
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|
|