응급환자 의료정보 활용에 대한 법적 고찰 및 개선방안 연구 - 사후거부권 도입(opt out)과 진료정보시스템 정비를 중심으로 -

Abstract

Medical information is personal and sensitive information. Medical information is important data for providing appropriate emergency medical services to emergency patients. The state has an obligation to protect the lives of emergency patients by increasing their chances of survival. Therefore, personal medical information must be actively utilized in emergency situations. However, medical information is subject to the right to self-determination of personal information. Therefore, in order to use medical information, the consent of the information subject or legal basis is required. It is no different in emergency situations. However, under the current Personal Information Protection Act or the Emergency Medical Services Act, it is not clear whether medical information of emergency patients can be used without consent. Therefore, it is necessary to specify in law the right to preferentially use medical information of emergency patients in emergency situations without prior consent of the information subject and to refuse it after the fact. Even if medical information can be used without consent based on the Right to object(Opt-out), medical information must actually be able to be used in emergency medical settings. Therefore, first, medical information must be differentiated for each individual and allow confirmation of specific medical service contents. Second, medical information must include overall medical information from the past to the present. Third, the medical information of information subjects dispersed across multiple medical institutions must be linked and provided organically. From this perspective, NEDIS, National Emergency Data Information System established based on the Act on Emergency Medical Services must be established as a system in which medical information of information subjects is provided in continuity and connectivity and is accessible to medical personnel at emergency medical institutions. Additionally, structurally, medical information systems must be able to be interconnected regardless of the size of the medical institution. In terms of content, any medical professional should be able to understand and interpret terms such as diagnosis, treatment, surgery, and examination provided in medical information. Therefore, standardization of systems and terminology is an important prerequisite for utilizing medical information of emergency patients. The state must actively provide medical services in emergency situations. To this end, the country must create specific conditions so that medical information can be managed safely and actively utilized. Therefore, there is a need to improve the legal system and environment for utilizing emergency medical information.