Analysis of Legal Basis Regarding Patient Privacy and Protection of Information

• ​Author

Park, Jiyong

• Language

Korean

• Year

2012

• Abstract

Protection of personal information or privacy is the problem of the realization of the Constitutional values. In modern society, the collection, storage and utilization of personal information has been computerized, and the damage of personal information exposure is increasing. Medical information or health information is especially sensitive information. The author reviews the kinds of Korean statutes regarding the protection and regulation of patient privacy and personal information. 「Personal Information Protection Act」 and 「Bioethics and Safety Act」 are main statutes designed to regulate the protection of the privacy and information. Under Korean law system, Personal Information Protection Act is the common rule relating to the protection of personal information. The Act regulates the general principles about the protection of personal information, and procedure for collection, use and destruction of information. Bioethics and Safety Act (Amended by No. 11250) are applied to the "Human Subject Research", which includes research using personal information. Reviewing the implications of such Acts, it could be found that informed consent, audit from institutional review board(IRB) and anonymization are important measures for patient privacy and protection of personal information.