This article**[China Youth Daily];
On December 12, Zhou Haimei's studio issued a statement confirming that Zhou Haimei died of illness on December 11 at the age of 57.
On the 13th, a screenshot of Zhou Haimei's electronic medical record suspected to have gone viral on the Internet, detailing Zhou Haimei's medical information in a hospital in Shunyi District, Beijing.
On the same day, a staff member of the publicity department of the hospital involved confirmed the authenticity of the medical record to **. The matter quickly sparked heated discussions.
Some netizens said, "It must be strictly investigated, there is no moral bottom line" and "It is illegal to leak the privacy of patients".
On December 14, Ping An Beijing Shunyi issued a notice saying that recently, the Shunyi Public Security Bureau investigated and dealt with a case of disseminating other people's privacy. After investigation, on December 11, Fu Moumou (male, 36 years old) took advantage of his convenience of working in a hospital in Shunyi District to take photos of a patient's personal medical records and send them to a WeChat group for the purpose of showing off, resulting in the spread of information and causing a bad social impact. At present, the Shunyi Public Security Bureau has placed Fu Moumou under administrative detention in accordance with the law.
Those who deliberately leak the patient's medical records.
What kind of legal responsibilities do you need to bear?
On December 13, Luo Xiang, a professor at China University of Political Science and Law, issued a legal interpretation of the matter in his personal ***.
He argues that those who deliberately leak a patient's medical records are legally liable.
Article 994 of the Civil Code clearly stipulates: "If the name, likeness, reputation, honor, privacy, and body of the deceased are infringed, their spouses, children, and parents have the right to request the perpetrator to bear civil liability in accordance with the law; Where the deceased has no spouse or children and the parents are deceased, other close relatives have the right to request that the perpetrator bear civil liability in accordance with law. "The rights of the deceased's reputation, likeness, name, honorary title and other rights do not disappear completely with death, but can be maintained by their close relatives, which is not only a respect for the deceased, but also a protection of the interests of the living.
Article 56 of the "Physician Law" and Article 31 of the "* Regulations" stipulate that if a physician or ** leaks patients' privacy or personal information in their practice activities, they will be subject to administrative penalties such as warnings, suspension of practice activities and even revocation of practice certificates by the competent health authorities at or above the county level. The above-mentioned laws and regulations guarantee a sound medical order and safeguard the professional ethics of medical professionals, and my personal superficial view is that the patients mentioned in them should not be limited to living patients. Even if it is considered that the patient does not include the deceased, then Article 58 of the "Physician Law" also stipulates that "if a physician's professional ethics and medical ethics are seriously violated, causing a bad social impact, the competent health department of the people's ** at or above the provincial level shall revoke the doctor's practice certificate or order him to stop illegal practice activities, and shall be prohibited from engaging in medical and health services or medical clinical research for five years or even for life".
As for criminal liability, Article 253-1 of the Criminal Law stipulates that the crime of infringing on citizens' personal information, violating relevant state regulations, providing citizens' personal information to others, and the circumstances are serious, may be sentenced to up to seven years imprisonment. Personal health and physiological information is naturally a sensitive information, and it is a crime to illegally obtain, ** or provide more than 500 pieces of health and physiological information.
Luo Xiang also reminded that "the criminal law, as the most severe departmental law, should not be used lightly unless it is absolutely necessary", but "if the personal information of the deceased also includes the personal information of the living, it can naturally be punished as a crime" "For example, the patient has just passed away, and the family receives the promotion of the funeral cemetery**, and the personal information of the patient's family is likely to constitute the crime of infringing on the personal information of citizens." ”
China Youth Daily (Finishing: Chen Yinshan) * Dahe Daily, China News Network, Luo Xiang said criminal law