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KMID : 1234820200210020075
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Korean Society of Law and Medicine
2020 Volume.21 No. 2 p.75 ~ p.103
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A Study on the Protection of Personal Information in the Medical Service Act
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Abstract
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There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care.
The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors.
In general, the patient’s personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents.
For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records.
Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; ‘secret’ that was learned in business was revised to ‘information’, but only the name was changed, and the benefit and protection of the law is the same as the ‘secret’ of the criminal law, such that the patient’s right to self-determination of personal information is not protected.
The Privacy Law and the Local Health Act consider the benefit and protection of the law in ‘information learned in business’ as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage.
The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation.
The patient’s personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.
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KEYWORD
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Personal information, medical information, right to self-determination of personal information, infringement of personal information, Medical Service Act
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FullTexts / Linksout information
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Listed journal information
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