• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2017.10a
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• pp.552-555
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• 2017

It is de-identification that emerged to find the trade-off between the use of big data and the protection of personal information. In particular, in the field of medical that deals with various semi-identifier information and sensitive information, de-identification must be performed in order to use medical consultation such as EMR and voice, KakaoTalk, and SNS. However, there is no separate law for medical information protection and legislation for de-identification. Therefore, in this study, we present the current status of de-identification of personal information, the status and case of de-identification of medical information, and finally we provide issues and solutions for medial information protection and de-identification.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.35-77
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• 2023

As the amendment to the Personal Information Protection Act, which newly established the basis for the right to request transmission of personal information, was promulgated through the plenary session of the National Assembly, MyData, which was previously applied only to the financial sector, could spread to all fields. The right to request transmission of personal information is the right of the information subject to be guaranteed for the realization of MyData. However, since the right to request transmission of personal information stipulated in the Personal Information Protection Act is designed to be applied to all fields, not a special field such as the medical field, it has many shortcomings to act as a core basis for implementing MyData in Medicine. Based on this awareness of the problem, this paper compares and analyzes major legal trends related to the right to portability of personal health information at home and abroad, and examines the limitations of Korea's Personal Information Protection Act and Medical Act in realizing Medical MyData. Under the Personal Information Protection Act, the right to request transmission of personal information is insufficient to apply to the medical field, such as the scope of information to be transmitted, the transmission method, and the scope of the person obligated to perform the transmission, etc.. Regulations on the right to access medical information and transmission of medical records under the Medical Act also have limitations in implementing the full function of Medical My Data in that the target information and the leading institution are very limited. In order to overcome these limitations, this paper prepared a separate and independent special law to regulate matters related to the use and protection of personal health information as a measure to improve the legal system that can effectively guarantee the right to portability of personal health information, taking into account the specificity of the medical field. It was proposed to specifically regulate the contents of the movement and transmission system of personal health information.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.261-285
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• 2019

The essential policy of suicide prevention is to continuously manage and treat suicide attempted people through data base related to suicide retry rate and follow-up study report. In Korea, only few people are allowed to follow-up by the Personal Information Protection Act. As a result, the research participation rate and the service participation rate are rather low, so that the research participants is limited to a part of the suicide attempted people. Therefore, the policy proposals to be improved in the Ministry of Health and Welfare Act were examined comparatively in order to increase the practical utilization of the suicide prevention about Article 14 and Article 20 of the Suicide Prevention Act. As a criterion for policy improvement, measures for non-discrimination of information to be considered in terms of technical and ethical dimensions and non-profit research and medical information for medical purposes were suggested. In addition to the severity of the suicide, the suicide risk was assessed and the criteria for the objective assessment of the follow-up observation were considered in consideration of the severity of the suicide.

• Proceedings of the Korea Information Processing Society Conference
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• 2018.10a
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• pp.428-429
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• 2018

본 논문에서는 다기관 의료영상 분석 방법 및 시스템을 제안한다. 다기관 연구에 참여하는 기관에게 분석 가이드 및 분석 프로그램을 제공하여 표준화된 영상분석 연구를 지원하고자 한다. 이를 위해 동일한 프로토콜로 표준화된 영상을 획득 및 분석하고 결과를 공유하는 분산형 연구방법을 제시한다. 제안하는 시스템은 개인정보보호법 및 보안문제가 강조되고 있는 의료현장에 적합한 시스템으로 다양한 다기관 의료 빅데이터 분석 연구에 활용될 것으로 기대된다.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2019.05a
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• pp.224-226
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• 2019

Currently, medical data is basically confidential and difficult to access because it is protected under the Medical Protection Act. For the practical education of the students who are in the process of education, the researcher or the faculty members create and upload simulated data (chart of the question bank) close to the actual data. In this paper, the maintenance and repair easier on the basis of node.js and Ajax, mysql, jquery to a web-based research and enables users to easily approach the problem of the chart and the easy to the difficult access to patient contact respectively.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.6 no.6
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• pp.103-110
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• 2016

The recent frequent cases of damage due to leakage of medical data and the privacy of medical patients is increasing day by day. The government says the Privacy Rule regulations established for these victims, such as prevention. Medical data guidelines can be seen 'national medical privacy guidelines' is only released. When replacing the image data between the institutions it has been included in the image file (JPG, JPEG, TIFF) there is exchange of data in common formats such as being made when the file is leaked to an external file there is a risk that the exposure key identification information of the patient. This medial image file has no protection such as encryption, This this paper, introduces a masking technique using a mosaic technique encrypting the image file contains the application to optical character recognition techniques. We propose pseudonymization technique of personal information in the image data.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.75-103
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• 2020

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.

• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.57-90
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• 2021

Telehealth has been a hotly debated health policy issue in South Korea, mostly because the medical community - especially primary care practitioners - have strongly opposed it. As a result, telehealth has remained forbidden under law. However, the temporary permission of telehealth in Korea, as well as its exploding use in other countries, all in response to COVID-19, is re-igniting the discussion on telehealth in Korea. This article explores general legal issues that may arise if and when telehealth is fully implemented in Korea. The article's analysis shows that legislative changes are necessary to allow reimbursement of telehealth as well as remote purchase of medicine. The article also advocates introducing new evidentiary rules to curtail covert recording of telehealth sessions. On the other hand, additional legislation is probably not necessary to address the medical liability of physicians practicing telehealth or to adress much-discussed privacy issues. The existing laws in those domains are already robust enough to operate without much difficulty in the context of telehealth too.

• Journal of Korea Entertainment Industry Association
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• v.13 no.8
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• pp.647-659
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• 2019

The purpose of this study was to examine the relationship between the awareness of health care workers on the protection of patient health information and their practice of it in an attempt to provide some information on the policy setting of health care institutions about medical information protection. As a result, the awareness of the health care workers on the protection of patient health information and their practice of it were both the best in the communication area, followed by the patient health information management area and the area of direct contact with health information. As for the variables linked to their awareness and practice of patient health information protection, the type of the health care institutions, job satisfaction, religion and the departments in which they worked were significantly related. To determine what factors affected the patient health information management area, a multiple regression analysis was carried out by selecting the area of direct contact with patient health information and the communication area as independent variables and by selecting the patient health information management area as a dependent variable. And it's found that the patient health information management area became better when the area of direct contact with the information and the communication area were better.

• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.117-137
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• 2022

Today, the medical system is changing into a comprehensive health care system in which collaborative relationships between medical professionals and non-medical personnels in neighboring occupational areas. The current medical act brands such "collaboration" as unlicensed medical practice, and punishes non-medical personnel who acted in the risk management of doctors as well as doctors collaborated with non-medical personnel as unlicensed medical practice. In order to narrow the gap between the legal system that regulates unlicensed medical practices and the medical reality, it is necessary to overcome the structural limitations of dualistic, nationalistic, and identity-oriented regulation of unlicensed medical practices. The legal interests of unlicensed medical practice have a dual nature as a personal legal interest of "human life and body" as well as a national legal interest of "maintenance and protection of the nation's medical license system", and it should be noted that the criteria for judging the legal interests protected by the regulations of criminal punishment should be found in "personal legal interest theory." In addition, when determining which behavior is a medical practice and evaluating its risk, the dimension of behavior and measures should be considered in a fair manner without being biased against the subject (identity) of the action. In other words, judging unlicensed medical practice should depend on whether the risk of side effects that may result from the act is reasonably managed. Considering the prospect of therapeutic dialogue between medical professionals and patients, it would be desirable for medical law policies to move in a way that does not fundamentally block the possibility of collaboration among pluralistic medical personalities.