Protection of the Privacy Right of Persons with Mental Disorder in the Digital Time in China

1. Protection of the Privacy Right of Persons with Mental Disorder in the Digital Time in China Harbin medical university zhang fan（associate professor） Visiting scholar in Peking university law school Phone number:13614595455 Email Address:zhangfan@hmudp.edu.cn

2. The main contents include： 1、A Survey of the right to Privacy of Mental Disorders in China under the Digital Environment 2、The risk of privacy and the necessity of protection of the right to privacy of patients with mental disorders in the digital environment 3、The current legal situation of Mental Disorders in China under the Digital Environment 4、Legal advice on the Protection of the right to Privacy of Mental Disorders in China under the Digital Environment 5、Specific strategy

3. A Survey of the right to Privacy of Mental Disorders in China under the Digital Environment Ⅰ、Why focus on patients with mental disorders • a、The number of persons with mental disorder • b、The higher the level of social and economic development，The more important the status of mental illness and mental behavior disorder， • The current trend is：In the future, the mental, psychological and behavioral disorders of Chinese people will be far beyond physiologic diseases.Eventually becoming the most important health problem in modern society. • c、Vulnerable groups should be better protected

4. Ⅱ、Digital time and medical big dataa、With the rise of mobile interconnection，The advent of the digital age，Access to patient medical privacy is easier.b、More strict control of personal information by public power，The balance of power between individuals and institutions is even greaterc、In the digital age, there is value judgment in itself. Discrimination and discrimination are more common.d、Application of cloud technology，Individuals know nothing about being infringed upon

5. The risk of privacy and the necessity of protection of the right to privacy of patients with mental disorders in the digital environment. Ⅰ、Changes in the scope of the right to privacy of patients with mental disorders in the digital environment a、Digital Age approaching、Technological change、information sharing 、To expand the scope of the right to privacy、vague legal boundary b、Mobile APP、Registration Information, personal Information, Diagnostic advice, case History, Health Information。Payment, Medicare Information, Credit Card Information, Home address, occupation, kinship. c、The subject of infringement is wider：Medical institutions、medical personnel、Pharmaceutical manufacturers、seller、insurer、intermediary、Maybe even ordinary people. d、The consequences are even more serious：Spread faster.The main body is numerous。Put more stress on people with mental disorders and their families Ⅱ、In addition to encroaching on spiritual interests,Privacy infringed is more likely to be realized for profit

6. The current legal situation of Mental Disorders in China under the Digital Environment Ⅰ、legislation • a、General provisions of Civil Law • b、Provisions on Liability Law of Torts • c 、penal provision • d、Mental Health Law • f、conclusion：General lack of specific provisions

7. Ⅱ、administration of justice a、 Owing to the absence of laws and systems，Leading to ineffective remedies in the administration of justice， b、The right to privacy is generally confused with the right of reputation for the right of personality，Very little individual protection. c、There are very few lawsuits in patients with mental disorders

8. Legal advice on the Protection of the right to Privacy of Mental Disorders in China under the Digital Environment Ⅰ、To further clarify the specific boundaries of personal information or privacy and to form the scope of their connotations，We need to know what we want to protect, what specific patients should be protected, what is the right to privacy of the patient concerned?Identify patients' rights to privacy Ⅱ、Refine the tort and legal responsibility Ⅲ、Defining the principles of Privacy Protection in the Digital Age Ⅳ、Establish strict procedures for protection and relief

9. Specific strategy： Ⅰ、Need to specify special law to protect the patient ' s right to privacy，《Personal Information Protection Act》 or 《patient Privacy Protection Act 》Or amend the Mental Health Law to protect the right to Privacy of patients with Mental Disorder Ⅱ、Government guides industry and enterprise self-discipline，for example, the Internet Association, the Medical Association, and the Internet giants cooperate in the formulation of industry rules and regulations. Ⅲ、Relevant Administrative departments of the Government (Health and Health Commission) formulate the Top level Design for the Establishment of Medical big data，Ensuring the flow of Information Standardization from seeking Medical treatment to returning to Social Information for patients with Mental Disorder

10. Ⅳ、Strengthening international cooperation，Learn from the mature experience of the United States and Europe and discuss the establishment of rules for international cooperation to protect the relevant subjects

11. Thank you fou listening