개인건강정보에 대한 열람권과 정정권 - 헌법적․비교법적 논의를 통한 현행 법제에 대한 비판적 검토 -

Abstract

It is significant to protect an informational privacy right to private information in information age. Considering the sensitive nature of private health information, it is specially valuable to find a way to guarantee a privacy right to health information. Furthermore, because rights to access and amendment are core legal devices in controlling information, it is necessary to devise a method to protect access and amendment rights to private health information. This work basically requires a study of what the contents of these rights should be, and this study might be performed well if we focus on various contents of informational privacy rights regarding health information through comparative legal studies. According to this work, an individual who offers proof of identity should have the right to know whether information concerning him is being processed and to obtain it in an intelligible form, without undue delay or expense, and to have appropriate rectifications or erasures made in the case of unlawful, unnecessary or inaccurate entries. These principles are basic contents of access and amendment rights to private health information, and should be incorporated in privacy laws about health information. However, we cannot find these principles in recent bills of a basic law regarding protection of health information. In a future legislative process on preparing the basic privacy law about health information, universal principles and contents on access and amendment rights to private health information should be considered.