日本의 醫療情報法制와 個人情報保護

Abstract

In this paper, I intend to explore the law system in Japan, on the subject of medical information, taking a close look at how the law on privacy protection can be applied to the area of medical information. The basic rights protected under the Constitution are the privacy, the right to acquire knowledge, and the right to make decisions by the individual’s will. Based on this, people have the protection system from the criminal and civil approach. The law made in 2003 and put into practice in April of 2005 has prevented some of the possible damages by directly protecting the privacy of individuals at the same time indirectly increasing people’ consciousness on the safety of their medical information. With the globalization, individuals’personal information has been able to flow across the territorial boundaries. Therefore, to protect people from the violation, a global cooperation beyond the domestic level has been in a great need. The private information protection law and the private protection law by the executive branch lack a particular policy to protect the individuals’ privacy on medical information. Therefore, when there is a dispute in revealing certain medical information, the victim can be protected by filing his or her complaint to the administration of justice or to the victimizer who may come up with a way to satisfy the victim. But, Japan’s newly constitutional law on the protection of private information requires a system in the national government level, local autonomous entity, and individual usually the business owner to look after the victims’ complaints, when people’s information has been revealed not by their will. And, this system is formed to help the victims more effectively with the proper compensation they deserve.