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Challenges Above Progress: The Legal Regulation of Patients’ Data Security Within Cybermedicine in China
Current Issue
Volume 6, 2018
Issue 4 (December)
Pages: 73-80   |   Vol. 6, No. 4, December 2018   |   Follow on         
Paper in PDF Downloads: 16   Since Jan. 19, 2019 Views: 969   Since Jan. 19, 2019
Authors
[1]
Jun Yin, Law School & Institute of International Law, Wuhan University, Wuhan, China.
Abstract
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.
Keywords
Cybermedicine, Patients’ Data Security, Legal Regulation, China
Reference
[1]
Andrew G. R. Whyte (Revisor) (2015). The Explanation of Amendment Ⅸ to the Criminal Law of the People’s Republic of China, China Legal Science. Vol. 3: pp. 157-160.
[2]
Anita L. Allen (2016). Protecting One’s Own Privacy in a Big Data Economy. Harvard Law Review Forum. Vol. 130: pp. 71-78.
[3]
Avery Schumacher (2015). Telehealth: Current Barriers, Potential Progress. Ohio State Law Journal 2015. Vol. 76: p. 418.
[4]
Charlotte A. Tschider (2017). Enhancing Cybersecurity for the Digital Health Marketplace, Annals of Health Law. Vol. 26 (1): pp. 1-38.
[5]
China Social Sciences Academic Press (2016). The Insight of Report on the Development of China’s Internet. https://www.ssap.com.cn/c/2016-11-02/1042940.shtml, accessed by 2nd October 2018.
[6]
Darrell M. West, etc. (2014). Report of ‘mHealth in China and the US: How Mobile Technologies Transforming the World's Two Largest Economies’, https://www.brookings.edu/research/mhealth-in-china-and-the-united-states-how-mobile-technology-is-transforming-health-care-in-the-worlds-two-largest-economies/, accessed by 3rd October 2018.
[7]
Gao Fuping (2018). Protection of Personal Information: from Personal Control to Social Control. Chinese Journal of Law. Vol. 3: pp. 84-101.
[8]
Greg Gulick (2002). E-Health and the Future of Medicine: The Economic, Legal, Regulatory, Cultural, and Organizational Obstacles Facing Telemedicine and Cybermedicine Programs. Albany Law Journal of Science & Technology. Vol. 12(2): pp. 351-407.
[9]
John Mark Michael Rumbold, Barbara Pierscionek (2017). The Effect of the General Data Protection Regulation on Medical Research. Journal of Medical Internet Research. Vol. 19 (2): e47.
[10]
Julie Reed (2004). Cybermedicine: Defying and Redefining Patient Standards of Care. Indiana Law Review. Vol. 37: pp. 845-877.
[11]
Kevin E. Noonan (2017). Personalized Medicine and Patient Privacy Concerns in the Telemedicine Age. DePaul Journal of Health Care Law. Vol. 19(3): pp. 1-20.
[12]
Leslie Pickering Francis (2010). The Physician-Patient Relationship and a National Health Information Network, Journal of Law, Medicine & Ethics. Vol. 38: pp. 36-49.
[13]
Long Yifei, Gong Zheng (2017). A Study of Legal Supervision in China's Mobile Health Care. Journal of Shanxi University (Philosophy & Social Science). Vol. 40 (2): pp. 113-119.
[14]
Lori Andrews, Kayla Kostelecky, Stephanie Spritz, Alexandra Franco (2017). Virtual Clinical Trials: One Step Forward, Two Steps Back. Journal of Health Care Law & Policy. Vol. 19: pp. 189-247.
[15]
Lu Huimin, Zhang Yuqing (2018). Analysis of the Protection of Patients’ Privacy Rights under the “Internet + medicine” Model. Medicine and Jurisprudence. Vol. 10(4): pp. 29-33.
[16]
Maloyre Allison (2009). Can Web 2.0 Reboot Clinical Trials?. Nature Biotech. Vol. 27: pp. 895-902.
[17]
National Institutes of Health (2003). Protecting Personal Health Information in Research: Understanding the HIPAA Privacy Rule. https://privacyruleandresearch.nih.gov/pdf/HIPAA_Booklet_4-14-2003.pdf, accessed by 3rd October 2018.
[18]
National Administration of Traditional Chinese Medicine & Chinese National Health Commission (2018). Notice on Promulgating Three Documents Regarding Internet Diagnosis and Treatment Administrative Measures (Trial), etc. http://www.moh.gov.cn/yzygj/s3594q/201809/c6c9dab0b00c4902a5e0561bbf0581f1.shtml?from=singlemessage, accessed by 3rd October 2018.
[19]
Rashid L. Bashshur, Timothy G. Reardon, Gary W. Shannon (2000). Telemedicine: A New Health Care Delivery System. Annual Review of Public Health. Vol. 21 (1): pp. 613-637.
[20]
Regina A. Bailey (2011). The Legal, Financial, and Ethical Implications of Online Medical Consultations. Journal of Technology Law & Policy. Vol. 16: pp. 53-105.
[21]
Sharona Hoffman, Andy Podgurski (2012). Balancing Privacy, Autonomy, and Scientific Needs in Electronic Health Records Research. Southern Methodist University Law Review. Vol. 65: pp. 85-144.
[22]
Tencent Research Institute. 2016 Chinese Internet Hospital White Book, http://www.tisi.org/4742, accessed by 3rd October 2018.
[23]
Wang Liming (2013). Legal Protection of Personal Information: Centered on the Line between Personal Information and Privacy. Modern Law Science. Vol. 35(4): pp. 62-72.
[24]
Yu Wenqing, Deng Yong (2016). Discussion on the Mobile Medical Information Security Protection and Legal Supervision System. Chinese Hospitals. Vol. 20(9): pp. 53-56.
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