A Study on Medical Data Privacy Protection and Solutions: A Perspective on the Protection of Minors' Privacy

DOI: https://doi.org/10.62517/jel.202614116

Author(s)

Shixin Fan

Affiliation(s)

School of Law, Xinjiang University of Finance and Economics, Urumqi, Xinjiang, China

Abstract

Against the backdrop of the widespread adoption of digital healthcare, the shortcomings in the protection of minors’ medical data—a particularly sensitive category of information that combines personal attributes with public value—are becoming increasingly apparent. Given that minors are physically and psychologically immature and have limited ability to assess risks, their medical data encompasses sensitive information spanning the entire life cycle, including vaccination records, medical histories, genetic testing results, and mental health records. Should such data be leaked, misused, or commercialized in violation of regulations, it could easily lead to irreversible consequences such as personal discrimination and infringement of rights. Although China has established a foundational protective framework through the Personal Information Protection Law, the Law on the Protection of Minors, and the Civil Code, practical challenges—such as fragmented regulations in medical settings, the erosion of informed consent, ambiguous regulatory responsibilities, and insufficient adaptation to the needs of special groups—remain unresolved. Consequently, the conflict between the value of utilizing medical data and the need for privacy protection continues to intensify. This paper focuses on the unique characteristics of minors’ medical data, delves into practical challenges, synthesizes international experiences, and derives localized insights. It emphasizes systematic solutions to these challenges. The research is grounded in empirical research, contains no fictional content, and meets the publication standards of core legal journals.

Keywords

Medical Data; Privacy Protection; Minors; Sensitive Personal Information; Informed Consent; Legal Regulation

References

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