The Civil Code,based on the general provisions of data governance in Article 127,has preliminarily estab-lished the framework of medical data regulations,primarily reflected in the form of ownership rules,authorization rules,and protection rules regarding privacy and personal information in medical data.In the era of artificial intelligence,the governance approach of medical data in the Civil Code should shift from"protection first"to a balanced approach of"protection and application",which should be practiced according to categorizations of openness,sensitivity,and applica-tion scenarios of the data.The rights and interests of medical data belong to other personality interests related to personal freedom and dignity that are not enumerated in the category of personality rights and should belong to patients.It is sug-gested that hierarchical dynamic authorization be implemented based on categorized medical data and to include authoriza-tion rules in the informed consent scope of scenarios such as clinical diagnosis and treatment,human clinical trials,and medical research.The scope of protection should be extended to all medical data,with distinct protection rules for sensi-tive,general,and publicly available medical data,and the legal application should differentiate between mental and prop-erty damages caused by the infringement of medical data.
关键词
人工智能时代/《民法典》/医疗数据规则体系/医疗数据类型化
Key words
age of artificial intelligence/Civil Code/medical data regulation system/categorization of medical data
万方数据