Dilemmas and solutions for privacy rights protection in the cross-border flow of health and medical data
10.12026/j.issn.1001-8565.2026.08.14
- VernacularTitle:健康医疗数据跨境流动中隐私权保护的困境与出路
- Author:
Hancheng ZHANG
1
;
Shengzhang XU
2
;
Shiwen LAI
3
Author Information
1. School of Health Management， Guangzhou Medical University， Guangzhou 511436， China
2. Nanjing University of Science & Technology School of Intellectual Property， Nanjing 210094， China
3. Beijingshi Yingke Law Firm Guangzhou Office， Guangzhou 510623， China
- Publication Type:Journal Article
- Keywords:
health and medical data;
cross-border flow;
privacy rights protection;
interest balance
- From:
Chinese Medical Ethics
2026;39(8):1090-1097
- CountryChina
- Language:Chinese
-
Abstract:
Maximizing the value of data element resources is inseparable from the compliant and safe cross-border flow of health and medical data， yet it is constrained by value conflicts with privacy rights protection and its relevant legal issues. These include， first， the current legal system exhibits fragmented characteristics， lacking consistency and structured overall regulation. Second， the specific implementation rules of privacy rights protection in the cross-border flow of health and medical data remain incomplete， and the applicability norms are insufficient. Furthermore， a mutual trust mechanism for the cross-border flow of health and medical data is still lacking. In this regard， China should achieve the following aspects based on the theory of interest balance. From the perspective of balance， China should clarify the value orientation for cross-border flow of health and medical data and privacy rights protection through data classification and graded protection， as well as through purpose identification and filtering mechanisms. At the systemic level， it is necessary to promote separate legislation for the cross-border flow of health and medical data， adopting an overseas equivalent model to delineate the concurrence issue in the extraterritorial application of the Personal Information Protection Law. In terms of applicability level， by reducing the stringency of domestic rules and clarifying the rules of proactive notification and explicit consent， it is vital to adjust and improve the specific legal regulations for privacy rights protection in the cross-border flow of health and medical data. From the collaborative dimension， through signing bilateral or multilateral international treaties and other forms of joint cooperation， it is essential to promote the coordinated sharing of data governance experiences and technologies， thereby establishing international mutual trust mechanisms for the cross-border flow of health and medical data.
