On ownership allocation of medical data:Based on the perspective of public trust theory
As a typical public data resource,issues of unwillingness,fear,and lack of knowledge in utilizing medical da-ta have become primary bottlenecks in the digital transformation of healthcare and medical data science.This has led to a"anti-commons tragedy"in healthcare institutions and administrative agencies.Current legal disputes over the ownership of medical data mainly center on two issues:inadequate legal regulations and unclear data ownership.To address these is-sues,the application of the"public trust theory"provides a useful framework to respond to these ownership disputes.By establishing a public trust relationship where citizens and the state are legal entities,this approach helps clarify rights and responsibilities and balance individual and public interests in medical data,thereby clarifying data development and usage rights.Under the public trust theory,the government assumes varying levels of public service responsibilities during the collection,storage,and utilization stages of medical data,ensuring the realization of citizens'data rights.To effectively monitor the government's trust obligations,external oversight is necessary to protect public trust interests from infringement.Establishing an administrative public interest litigation system for personal information protection,expanding the scope of administrative litigation,and strengthening the administrative review and internal reporting mecha-nisms can improve the administrative remedies for public trust interests,facilitating the effective development and utiliza-tion of medical data resources under a rule-of-law framework.
public datamedical dataanti-commons tragedypublic trust theory
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