안전한 의료 마이데이터 활성화를 위한 법적 과제 -개인정보보호의 측면에서-

Abstract

Along with the rapid development of digital healthcare, the importance of medical data to provide personalized medical services is increasing. As a result, the Personal Information Protection Act, which was revised on March 14, 2023, established a new ground clause on the right to request the transmission of personal information and laid a legal foundation for the activation of medical MyData. The revision is significant in expanding MyData across industries beyond limited implementation in the financial and public sectors. However, medical data contains sensitive information, and there are many concerns about personal information protection, and strict protection devices are needed for the safe use of medical MyData. At a time when the use of MyData is currently limited to the financial sector, it is necessary to review whether the legal and technical system of medical MyData is sufficiently in place. In this article, we would like to discuss tasks related to personal information protection so that my data system can be stably established and activated in the medical field through the implementation of the revised Personal Information Protection Act. Through the concept of MyData and financial MyData cases, we would like to identify the importance of personal information protection from the perspective of MyData subjects, analyze the current status and legal issues of the medical MyData system, and derive suggestions through overseas cases. Medical MyData service is expected to increase transparency of medical services and create a patient-centered environment by allowing patients to easily access and manage their medical data. Through this, researchers and medical experts can contribute to disease prevention and treatment development. Legal and technical measures to standardize data, secure security, and protect personal information are essential for the safe use of medical MyData. In addition, as a legal task, a system should be established to resolve conflicts between the Medical Act and the Personal Information Protection Act and to require explicit consent from individuals to protect personal information. Based on this, technical and legal protection devices for the establishment of a safe MyData system will be prepared together to meet both the two major challenges of developing medical MyData and protecting personal information.