{"title":"中国健康数据治理:强调基于健康权的“共享”和“保护”","authors":"Lujian Sun","doi":"10.1177/09685332221140416","DOIUrl":null,"url":null,"abstract":"This article examines, within China’s complex healthcare sector, the extent to which China’s legal frameworks can adapt to a data-driven context that requires the reconciliation of public and private interests for the use of health data. Current data-processing mechanisms operate through individual consent, and administrative authorisation in mobile health settings are insufficient and ineffective to meet societal needs while simultaneously protecting individuals’ interests. In light of this shift of regulation from individual control to collective governance, this article argues that the principle of the right to health may complement this collective governance model. The right to health principle emphasises solidarity, justice, confidentiality, and collective responsibility, which may balance power asymmetries in the use of health data among different stakeholders. The article proposes a solution that incorporates the state’s obligation with private actors’ responsibilities, while stressing the importance of data sharing and the fair use of health data.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"23 1","pages":"26 - 43"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Health data governance in China: Emphasizing ‘sharing’ and ‘protection’ based on the right to health\",\"authors\":\"Lujian Sun\",\"doi\":\"10.1177/09685332221140416\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article examines, within China’s complex healthcare sector, the extent to which China’s legal frameworks can adapt to a data-driven context that requires the reconciliation of public and private interests for the use of health data. Current data-processing mechanisms operate through individual consent, and administrative authorisation in mobile health settings are insufficient and ineffective to meet societal needs while simultaneously protecting individuals’ interests. In light of this shift of regulation from individual control to collective governance, this article argues that the principle of the right to health may complement this collective governance model. The right to health principle emphasises solidarity, justice, confidentiality, and collective responsibility, which may balance power asymmetries in the use of health data among different stakeholders. The article proposes a solution that incorporates the state’s obligation with private actors’ responsibilities, while stressing the importance of data sharing and the fair use of health data.\",\"PeriodicalId\":39602,\"journal\":{\"name\":\"Medical Law International\",\"volume\":\"23 1\",\"pages\":\"26 - 43\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-08\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Medical Law International\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1177/09685332221140416\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Medical Law International","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1177/09685332221140416","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Health data governance in China: Emphasizing ‘sharing’ and ‘protection’ based on the right to health
This article examines, within China’s complex healthcare sector, the extent to which China’s legal frameworks can adapt to a data-driven context that requires the reconciliation of public and private interests for the use of health data. Current data-processing mechanisms operate through individual consent, and administrative authorisation in mobile health settings are insufficient and ineffective to meet societal needs while simultaneously protecting individuals’ interests. In light of this shift of regulation from individual control to collective governance, this article argues that the principle of the right to health may complement this collective governance model. The right to health principle emphasises solidarity, justice, confidentiality, and collective responsibility, which may balance power asymmetries in the use of health data among different stakeholders. The article proposes a solution that incorporates the state’s obligation with private actors’ responsibilities, while stressing the importance of data sharing and the fair use of health data.
期刊介绍:
The scope includes: Clinical Negligence. Health Matters Affecting Civil Liberties. Forensic Medicine. Determination of Death. Organ and Tissue Transplantation. End of Life Decisions. Legal and Ethical Issues in Medical Treatment. Confidentiality. Access to Medical Records. Medical Complaints Procedures. Professional Discipline. Employment Law and Legal Issues within NHS. Resource Allocation in Health Care. Mental Health Law. Misuse of Drugs. Legal and Ethical Issues concerning Human Reproduction. Therapeutic Products. Medical Research. Cloning. Gene Therapy. Genetic Testing and Screening. And Related Topics.