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KMID : 1234820160170020315
Korean Society of Law and Medicine
2016 Volume.17 No. 2 p.315 ~ p.346
Improving Legislation on the use of Healthcare Data for Research Purposes
Park Dae-Woong

Jeong Hyun-Hak
Jeong Myung-Jin
Ryoo Hwa-Shin
Abstract
With the development of big data processing technology, the potential value of healthcare big data has attracted much attention. In order to realize these potential values, various research using the healthcare big data are essential. However, the big data regulatory system centered on the Personal Information Protection Act does not take into account the aspect of big data as an economic material and causes many obstacles to utilize it as a research purpose. The regulatory system of healthcare information, centered on the primary purpose of patient treatment, should be improved in a way that is compatible with the development of technology and easy to use for public interest. To this end, it is necessary to examine the trends of overseas legal system reflecting the concerns about the balance of protection and utilization of personal information. Based on the implications of the overseas legal system, we can derive improvement points in the following directions from our legal system. First, a legal system that specializes in healthcare information and encompasses protection and utilization is needed. De-identification, which is an exception to the Privacy Act, should also clearly define its level. It is necessary to establish a legal basis for linking healthcare big data to create synergy effects in research. It is also necessary to examine the introduction of the opt-out system on the basis of the discussion on the foreign debate and social consensus. But most importantly, it is the people's trust in these systems.
KEYWORD
healthcare, bigdata, medical record, de-identification, opt-out, Personal Information Protection
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