건강정보의 이차적 이용Secondary Use of Health Information
- Other Titles
- Secondary Use of Health Information
- Authors
- 정규원
- Issue Date
- Mar-2010
- Publisher
- 한양대학교 법학연구소
- Keywords
- Health Information; Collection of Health Information; Creation of Health Information; Secondary Use of Health Information; Biomedical Research; 건강정보; 건강정보의 수집; 건강정보의 생성; 건강정보의 이차적 이용; 의생명과학연구
- Citation
- 법학논총, v.27, no.1, pp.183 - 198
- Indexed
- KCI
OTHER
- Journal Title
- 법학논총
- Volume
- 27
- Number
- 1
- Start Page
- 183
- End Page
- 198
- URI
- https://scholarworks.bwise.kr/hanyang/handle/2021.sw.hanyang/175270
- ISSN
- 1225-228X
- Abstract
- Traditionally medical information has used for the purpose of clinical care. Also it has used for the accumulation of medical knowledge and experiences. However, because of the rapid development of biomedical science, the situation has been changing. Besides the traditional medical information, genetic information and other information which has not been included in traditional medical information are attracted attention. So, the term “health information”, instead of medical information is appropriate for referring the information which is related to human health condition.
Health information should be regulated properly because it contains patient’s or subject’s private information. If health information is abuses or misused, the privacy of individuals who provide their information. There are some Acts which regulate the use of health information in Korea. Use of medical information is regulated by <Medical Act>. Collection and Use of genetic information is regulated by <Bioethics and Biosafety Act>.
However, there are great needs for secondary use of health information. there are many situations which may use health information which is collected and created during medical practices or researches, such as for the purposes of another researches, health insurance or cohort studies. In using health information, respect of individual’s autonomy is the most important principle to be considered. Informed consent of patient or subject is the means to respect individual’s autonomy. Another issue which is considered whether we allow secondary use of health information is the benefit when we use health information. If the risk of secondary use of health information is trivial and the benefit is very big, we can allow it under appropriate regulation. Also, we should use health information for controlling very severe infectious diseases.
Medical practitioners contribute to make health information. When medical doctors examine patients and collect health information from patients, they also evaluate and manipulate raw information which they gain. Also, they create health information during the procedure of medical practice. For example, medical practitioners decide which lab they will order or which process they will do. Because of these aspects, we should consider medical practitioners’ right when we regulate the secondary use of health information.
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