Cybermedicine heightens the risk of patients’ data security or other unauthorized disclosure nowadays. This study aims to investigate the legal regulation of patients’ data security within cybermedicine in China. The Chinese National Health Commission and National Administration of Traditional Chinese Medicine promulgated three significant regulations regarding cybermedicine administration recently and the issue of patients’ data security has been highlighted unprecedentedly. On the macro level, the establishment of the legal regime of patients’ data security within cybermedicine serves as a great progress in Chinese medicine modernization. However, the issues of the imperfection of punishment and penalty towards medical professionals, oversight of control of patients’ data for scientific purposes, narrow definition of medical professionals’ ‘misconduct’ have illustrated that there are still sums of challenges above progress towards the legal regulation of data security within cybermedicine in China. Learning from some advanced foreign legislation, the study indicates that Chinese authority should improve some of legal provisions designs regarding data security within cybermedicine, including clarifying the administrative monetary penalty towards administrative liabilities, designing enforceable administrative measures of information leakage emergency as well as detailing the misconduct of medical professionals. The paper concluded that despite a promising development in data security in cybermedicine in China over the years, the current legal regulation challenges encountered by the country require more sophisticated and thoughtful consideration in the next stage.

Cybermedicine, Patients’ Data Security, Legal Regulation, China