프라이버시 보호와 진료정보

• 영문명: Privacy Act in Korea and Electronic Medical Record Protection
• 발행기관: 한국헌법학회
• 저자명: 강경근(Kyung Keun Kang)
• 간행물 정보: 『헌법학연구』憲法學硏究 第10卷 第2號, 179~220쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.01

영문 초록

With the emergence of networked computing and the Internet, this paper addresses the changed medical privacy environment, in which medical data protection now has to be reassessed It is mainly based on the Korea situation as a country without an omnibus medical data protection law It touches also on data security, as medical data privacy cannot be effectively protected without strict regimes for data security The contemporary state of the medical records m Korea stood to gain from the growth of informatics and the spread of trans-institutions data flows It is in this context that there appears to be a need to review the recent medical records protection acts which are already showing signs of this age both the public sector and private sector Some recommendations will be adopted to establish baseline principles and goals and to provide guidance on the future work of the medical data privacy act One of these, the protection of privacy on electronic medical records, recognizes the ubiquitous nature of digital computer and network technologies today Medical information should be acquired, disclosed and used only m ways that respect an individual's privacy, It should not be improperly altered or destroyed And medical information should be accurate, timely, complete and relevant to the purpose for which it is provided and used And it upholds and protects medical data security For example a right to encrypt personal information effectively, a right to fair treatment in key public infrastructures so that no person is unfairly excluded in a way that would prejudice that person's ability to protect their privacy, a right to human checking of adverse automated decisions and a right to understand such decisions, a right, going beyond the aspiration of the' openness principle', of disclosure of the collections to which others will have access and which might affect the projection of the profile of the individual concerned.

목차

Ⅰ. 진료정보와 그 공적 활용의 사생활적 비밀 내지 개인정보로서의 보호의 의의

Ⅱ. 프라이버시와 개인정보자기결정권의 헌법 및 법률적 검토

Ⅲ. 진료정보를 프라이버시로서 보호하는 법제의 구체적 검토

Ⅳ. 진료정보의 공적 활용에 관련한 정보공동이용 법제 및 정보의 안전성 확보 법제

Ⅴ. 맺음말

참고문헌

Abstract