• Journal of Korea Society of Digital Industry and Information Management
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• v.12 no.3
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• pp.87-109
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• 2016

This study intends to present an effective and efficient development plan about the information protection of medical institutions, by establishing the improvement plan about Personal Information Management System(PIMS) appropriate to the characteristics of medical information focusing on medical institutions generating and using domestic medical information, and doing an empirical study on medical information protection plan. For this, in view of the medical characteristics of the existing Information Security Management System(ISMS), the study presented a study model appropriated to medical institutions based on Personal Information Management Systems index specialized for personal information, and through this, presented the vulnerability diagnosis and vulnerability improvement plan. Based on ISMS index, it designed an improvement index of personal information protection management about each index. The study conducted a survey for executives and employees about PIMS. Accordingly, it presented vulnerability diagnosis items of the current management system indexes from the viewpoint of the people who establish and mange the personal information protection about patients' medical information targeting executives and employees who serve at hospitals and can access medical information.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.359-395
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• 2012

In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

• KIPS Transactions on Computer and Communication Systems
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• v.3 no.6
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• pp.197-208
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• 2014

In an information society, privacy protection is one of the most important ethical issues. In medical institutes in which personal medical information is collected and stored, in addition, a privacy breach can cause a serious damage on personal lives. This study attempted to develop privacy concern measurement tool in personal medical information to measure patients' concern on their medical information from medical service consumers' perspective and verify its validity. For this, privacy concern measurement tool in personal medical information was developed based on the results of previous studies. After performing Exploratory Factor Analysis(EFA) and Confirmatory Factor Analysis(CFA) on the measurement tool, its reliability and validity were verified. It appears that the measurement tool would be useful in developing decent privacy protection policy after investigating citizens' concern on the protection of personal medical information and domains they are interested in. For medical institutes as well, they would be helpful in coming up with a reasonable plan after figuring out problems in the protection of personal medical information and current status.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.75-103
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• 2020

There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

• The Korean Journal of Emergency Medical Services
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• v.25 no.2
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• pp.113-128
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• 2021

Purpose: This study sought to analyze perceptions and attitudes regarding patient personal information protection according to the general characteristics of paramedic students and their clinical practice experience. Methods: A total of 215 paramedic students from G university in I metropolitan city and D university in G do were surveyed. Frequency analysis, percentage analysis, and one-way distribution analysis were conducted using the software SPSS version 23.0. Results: First, recognition regarding the operation of laws and systems related to medical law and personal information protection was high among students who had no clinical practice experience, and there were no differences with regard to students' general characteristics. Second, the level of recognition regarding patient personal information protection and exposure did not differ depending on students' general characteristics and clinical practice experience. Conclusion: Based on the results of this study, students' recognition and attitude should be improved by carrying out continuous education on patient personal information protection. Furthermore, more specialized and systematic training related to patient personal information protection should be conducted to nurture appropriately trained paramedic students.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.20 no.6
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• pp.251-260
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• 2010

Through the convergence of medical services and the IT technique, the patient's personal health information computerization has been rapidly spread with propagation of electronic medical record(EHR). In addition, by entering u-health, the demand of the secondary use for public health, medical research, and medical service using electronic patient health care records are increasing. The personal health information secondary uses for the development of academic medical area and service, are very good thing. But, carelessly to use personal health information, the patient privacy would be damaged. However, there are not yet systematic studies about secondary use of personal health information. Therefore, in this paper, we analyze the difference of the internal and external bill for personal medical data secondary use and propose the direction of the medical service development and preservation of the individual's privacy.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.35-77
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• 2023

As the amendment to the Personal Information Protection Act, which newly established the basis for the right to request transmission of personal information, was promulgated through the plenary session of the National Assembly, MyData, which was previously applied only to the financial sector, could spread to all fields. The right to request transmission of personal information is the right of the information subject to be guaranteed for the realization of MyData. However, since the right to request transmission of personal information stipulated in the Personal Information Protection Act is designed to be applied to all fields, not a special field such as the medical field, it has many shortcomings to act as a core basis for implementing MyData in Medicine. Based on this awareness of the problem, this paper compares and analyzes major legal trends related to the right to portability of personal health information at home and abroad, and examines the limitations of Korea's Personal Information Protection Act and Medical Act in realizing Medical MyData. Under the Personal Information Protection Act, the right to request transmission of personal information is insufficient to apply to the medical field, such as the scope of information to be transmitted, the transmission method, and the scope of the person obligated to perform the transmission, etc.. Regulations on the right to access medical information and transmission of medical records under the Medical Act also have limitations in implementing the full function of Medical My Data in that the target information and the leading institution are very limited. In order to overcome these limitations, this paper prepared a separate and independent special law to regulate matters related to the use and protection of personal health information as a measure to improve the legal system that can effectively guarantee the right to portability of personal health information, taking into account the specificity of the medical field. It was proposed to specifically regulate the contents of the movement and transmission system of personal health information.

• The Journal of Korean Institute of Next Generation Computing
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• v.13 no.6
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• pp.66-76
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• 2017

In this study, we investigated how to protect personal healthcare information when constructing OMOP (Observational Medical Outcomes Partnership) CDM (Common Data Model). There are two proposed methods; to restrict data corresponding to HIPAA (Health Insurance Portability and Accountability Act) PHI (Protected Health Information) to be extracted to CDM or to disable identification of it. While processing sensitive information is restricted by Korean Personal Information Protection Act and medical law, there is no clear regulation about what is regarded as sensitive information. Therefore, it was difficult to select the sensitive information for protecting personal healthcare information. In order to solve this problem, we defined HIPAA PHI as restriction criterion of Article 23 of the Personal Information Protection Act and maps data corresponding to CDM data. Through this study, we expected that it will contribute to the spread of CDM construction in Korea as providing solutions to the problem of protection of personal healthcare information generated during CDM construction.

• Journal of Korean Clinical Health Science
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• v.2 no.1
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• pp.25-34
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• 2014

Purpose. The checked of perception for the protection of personal medical information of EMT student and Nursing student. Methods. Nursing students and EMT students 200 questionnaires were collected and Frequency analysis, Chi-square test, one-way ANOVA was performed for using the Windows SPSS(ver. 12.0). Results. Most of the subjects were aware of the protection law of personal information and Infringement of the privacy of personal information will be exposed. also, Education is needed privacy(EMT students $3.84{\pm}0.96$, Nursing students $3.73{\pm}0.99$). EMT($3.99{\pm}1.00$) and Nursing($4.07{\pm}0.94$)students due to exposure to both the patient's personal information privacy was violated would get recognized. Exposure to the computerization of information privacy will be exploited in other agencies(EMT students $3.78{\pm}0.88$, Nursing students $3.95{\pm}0.94$) was called. Conclusions. For the protection of personal health information, education needs to be expanded.

• Korean Journal of Digital Imaging in Medicine
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• v.10 no.2
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• pp.11-16
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• 2008

Images of medical treatment on PACS environment are digitized and they make saving and transmission of patient's information easy with CD format causing increase of patients transfer rate between hospital and data transmission as well. Figuring out the configuration of confining status of copied images of medical treatment with CD format and present the appropriate way of identification for personal information. 20 general hospital over 500 beds which are utilizing PACS currently. Questionnaire investigation focusing on PACS operation center and it's management people. In accordance with the law of securing personal information of public organizations, it says "Anyone who wants to see his or her information via representative he or she needs to make a letter of attorney and turn in this to the president of it's possessing facility" in the article 16. Based on the investigation of general hospital for CD copy issue status near metropolitan area, 8 out of 20, were issuing CD copy through personal identification process(the person oneself and representative) and 10 general hospital were doing by getting signature of receiptor only without identification of the person oneself and 2 general hospital confirmation process is not at all. By the law of securing personal information of public organization, article 16, confirmation process is supposed to mandate lawfully with a letter of attorney when there is any request of reading and/or copies of one's information. But in reality, there were no consistent rules on reading, the process and coverage of copy issue, rejection coverage of copy issue of CD copy in each general hospital PACS operation center. Therefore there is a big need for consolidated format which is applicable by law when the representative requests to issue of CD copy that is storing medical treatment images. By issue through this consolidated format, securing medical information of individual and systemic operation and management will be valid and effective.