KMID : 1234820210220030031
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Korean Society of Law and Medicine 2021 Volume.22 No. 3 p.31 ~ p.55
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The Meaning and Tasks of Guidelines for Utilization of Healthcare Data
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Shin Tae-Seop
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Abstract
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The Personal Information Protection Act, one of the revised 3 Data Laws, established a special cases concerning pseudonymous data. As a result, a personal information controller may process pseudonymized information without the consent of data subjects for statistical purposes, scientific research purposes, and archiving purposes in the public interest, etc. In addition, as a follow-up to the revised Personal Information Protection Act, a ¡®Guidelines for Utilization of Healthcare Data¡¯ was prepared, which deals with the pseudonymization in the medical sector. The guidelines are meaningful in that they provide practical criteria for accomplices by defining specific interpretations and examples that take into account the characteristics of healthcare data. However, the guidelines need to clarify the purpose of using pseudonymous data and strengthen the fairness of the composition of the data deliberation committee. The guidelines also require establishing a healthcare data compensation framework and strengthening the protection of rights for vulnerable subjects. In addition, the guidelines need to be adjusted for inconsistency with the Bioethics and Safety Act and the Medical Service Act. It is expected that this study will contribute to the creation of a safe environment for the utilization of healthcare data as well as the improvement of related laws and systems.
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KEYWORD
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Healthcare Data, Guideline, Revised 3 Data Laws, Personal Information, Personal Information Protection Act, Pseudonymous Data
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