연구대상자 개인정보보호에 관한 고찰: 미국 의료정보보호법과 우리나라 개인정보보호법을 중심으로

Abstract

Personal Information Protection Act implemented with awareness of the importance of personal information makes changes social security systems. Without exception, there are changes to protect participants’ personal information in human subjects research. In accordance with these changes, I investigate problems that might occur in human subjects research and make suggestions for the protection of research participants’ private information. Because most researches use personal information to make results. Specific provisions on the protection of personal medical information are presented in Health Insurance Portability and Accountability Act(HIPAA) in the U.S. In Korea, there is Personal Information Protection Act as a general law. Even though they do not match the legal interests, there are the provisions relating to the privacy of research participants. So I compared HIPAA with Personal Information Protection Act. For the enforcement of them, the U.S. Office for Civil Rights and Korea Privacy Complaint Center and Korea Personal Information Dispute Mediation Committee receive and resolve complaints. To protect the personal information of research participants, researchers should explain the purpose and scope of personal information, whether to provide it to the third party, and whether to disuse the used data. IRB should supervise whether the research participants' personal information is being used within the scope of agreement and revise regulations for the protection of personal information. To exclude the ambiguity, we need to discuss the specific range of the protected personal information and the scope of anonymizing for researches are expressly provided.