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의무기록 열람 및 사본교부에 관한 법적 문제

작성자
의료정책연구소
작성일
2011-12-01 14:11
조회
836
의무기록 열람 및 사본교부에 관한 법적 문제
The Legal Issues on the Inspection and the Delivery of the Copies of the Medical Records

학 술 지 : 법학논총 28권 1호
발 행 처 : 한양대학교 법학연구소
발행년도 : 2011

Ⅰ. 들어가며
Ⅱ. 의료정보 공개에 관한 법적 기준
Ⅲ. 환자의 동의에 의한 의료정보 공개
Ⅳ. 환자의 동의에 의하지 않은 의료정보 공개
Ⅴ. 맺음말



The Legal Issues on the inspection and the delivery of the copies
of the Medical Records
Lee, Baek-Hyu
Research Institute Healthcare Policy Korea Medical Association,
Senior Researcher

The Medical Information must absolutely be protected, because it contains very sensitive individual information. Personal data should not be disclosed, made available or otherwise used for purposes other than specified in accordance with the consent of the data subject or by the authority of law(The Use Limitation Principle in OECD GUIDELINE). There is "Korean Medical Service Act Article 21" in regard to a protection of the medical information.
In this article, I have examined thoroughly the legal issues on the disclosure of the medical information according to "whether the patient’s consent is or not". In the first place, with the consent of the patient: I have reviewed this issue with ① a comprehensive consent of insurance company, ② use the medical information among medical institutions-Medical Information System, Electronic Medical Record, Order Communication System, Electronic Data Interchange, etc. ③ the handover of the medical records. In the second place, with or without the consent of the patient: I have also analyzed this issue with ① a procedure of investigation in the code of criminal procedure, ② new revision of law attempts, ③ a collision with other laws.
It must strictly be provided and applied the minimum necessary while using and disclosing of the medical information. But it can be allowed to disclose in case of need for ① the public welfare(than the patients privacy), ② establishment of nationa s policies ③ the comparative effectiveness of research, ④ an emergency.