의료법학 (The Korean Society of Law and Medicine)
- 제11권1호
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- Pages.117-143
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- 2010
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- 1229-8069(pISSN)
의료기관 개인건강정보의 이차적 이용
The Protecton of Privacy on Secondary Use of Personal Health Imformation
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김장한
(울산대학교 의과대학 인문사회의학교실)
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Kim, Jang-Han
(University of Ulsan College of Medicine Department of Medical Humanities and Social Science)
- 투고 : 2010.02.13
- 심사 : 2010.06.10
- 발행 : 2010.06.30
초록
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.
키워드