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 wel...
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 that important. In addition, it is not easy to discuss information in the legal category because it is impossible to classify the type of information or to apply to a general principle to information. Although it is necessary to reveal these problems in the dimension which is constitutional, the research is not plentifully advanced. Especially there was little research which relates with the problem of personal medical information. Consequently this doctoral dissertation presents a problem solving method.
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. Mainly constitution Article 10(General personality right) or Article 17(Secret and freedom of privacy) is discussed with the constitutional ground of this right. But in means of including not only private but also public territory, personal information is regarded as independent fundamental right that is not provided in constitution. The right to informational self-determination concretely is composed with information approval claim, information reading claim, information correction claim, information block and elimination claim etc. Personal medical information in personal information means information of all which relates with the medical treatment by the medical staff and medical institution etc. This is in order to protect and upset the public health. 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. More specifically, we examine whether personal medical information was infringed by each stage of information collecting, using, and the third party providing and removing in the protection of personal medical information. Also we have investigated in the context of medical institutes and insurance companies.
International organizations (UN, OECD) and the developed countries such as the United States, Germany and Great Britain and Japan had a deep concern about personal information protection. Except United States, many countries have a general principle and provision about the protection of not personal medical information but personal information. In past we distinguished a public section and a private sector respectively in protecting of personal information. But ‘The Personal Information Protection Law’ as general law for all types of information was established in 2011. The personal information of all types is made to be under the application of this law. Nonetheless, this law has a problem and will not be able to protect personal medical information. Consequently through solving these problems, I wish to propose the principle and contents of provisional name ‘Personal medical information protective bill’.