Author
Ms Shi Tonghe
Organisation/Institution
Shanghai Jiao Tong University, KoGuan Law School
Country
CHINA
Panel
Information Technology Law
Title
Regulatory Challenges for Health Data Protection in China
Abstract
This article examines the balance between medical data protection and data sharing from the perspective of Chinese law. The global rise of data-driven intelligent healthcare systems has significantly transformed China's medical sector, enabling the use of electronic medical records, online payments, insurance utilization, and diagnostic assistance. However, these advancements require the transfer of sensitive patient data to third-party companies, leading to substantial privacy risks. China’s recently enacted Personal Information Protection Law provides a broad framework for data protection, but it remains insufficient in addressing the potential risks associated with data misuse, particularly given the enormous commercial value of health data. Utilizing the theoretical framework of residual control rights, we analyze the gaps in existing protection mechanisms and propose innovative solutions to enhance medical data security in China. We advocate for granting individuals and hospital information departments residual control over medical data, thus assigning them both rights and corresponding responsibilities. This approach aims to strike a balance between fostering the growth of modern smart healthcare systems and safeguarding personal health information. Our research contributes to the ongoing discourse on data protection in the healthcare sector, offering practical implications for policymakers and healthcare providers navigating China's rapidly evolving digital health landscape. By addressing these critical issues, we aim to promote a more secure and efficient healthcare environment that respects patient privacy while supporting technological advancements.
Biography
Shi Tonghe received the bachelor’s degree in software engineering from Inner Mongolia University in 2016 and completed her Master’s degree in Law at Xiangtan University in 2024. She is currently pursuing a PhD in Law at Shanghai Jiao Tong University under the supervision of Professor Yang Li. Her research primarily focuses on smart justice , exploring the integration of advanced technology within legal frameworks to enhance judicial effectiveness and accessibility.
