개인의료정보보호법 제정의 필요성과 입법방향

Abstract

In the knowledge and information society, the protection of personal information is recognized with the issue of importance. But so far the means for the protection of personal information was insufficient, and each individual could not comprehend well the protection of personal information even though it is very important. The personal information can be defined as all information that identify or will be able to identify the individual who exists. The core right which is for the protection of personal information is the right to informational self-determination. This right will be able to be defined as determining and managing by information subject in the process of collection, use, provision, disuse etc of personal information. Personal medical information in personal information means information of all which relates with the medical treatment by the medical staff and medical institution etc. Comparing with general personal information, personal medical information like sensitive information is likely to be in a more dangerous situation, for privacy is disclosed by violating information. It is more necessary to protect personal medical information than general personal information consequently. We must consider aspects of not only protection but also use of personal medical information, for it could be used in common good as scientific research or statistics analysis. This article offers how to form specific relief measures for infringement and enactment of the special law on the protection of personal medical information.