In doctor-patient relationship,medical personnel should treat confidentiality as the principle and disclosure as an excep-tion for the patient's health information,and the disclosure must meet certain conditions before the illegality of the disclosure can be ex-cluded.Under the framework of the current laws,the process of patients'medical and health information needs to meet both the general conditions on the process of sensitive personal information in the Personal Information Protection Law and the special conditions re-quired by the privacy rights in The Civil Code.In order to fully protect patients'rights and interests,the proliferation of medical and health information disclosure should be avoided.The subsequent revision and improvement of relevant legislation should adhere to the basic concept of confidentiality as the principle and disclosure as the exception,and draw on the relevant legislative experiences from abroad to legalize and clarify the exceptions of medical confidentiality duty in China as much as possible.
关键词
医疗健康信息/敏感个人信息/医疗保密义务之例外/违法阻却事由
Key words
medical and health information/sensitive personal information/exceptions to the duty of medical confidentiality/causa against violation of law
维普
万方数据