基于民法意思自治原则的个人健康医疗信息保护

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中图分类号:D922.16

文献标识码: A

文章编号:2095-6916(2026)10-0106-07

Protection of Personal Health and Medical Information Based on the Principle of Party Autonomy in Civil Law

Zhong Qin

(Guangxi Medical College, Nanning 530023)

Abstract: With the booming development of Internet Plus healthcare, the real-time acquisition and sharing of individual health and medical data are of great significance for improving the quality of medical services, promoting scientific research, and strengthening public health management. However, they also face challenges such as data security risks, data sharing dilemmas, and competing interests in data. This paper argues that the principle of party autonomy in civil law can serve as an important approach to addressing these issues. The application of this principle not only enables individuals to exercise autonomous decision-making over their own medical information data rights but also achieves, through freedom of contract, a balance among the security, sharing, and beneficial use of medical information data. Based on this principle, this paper constructs a triangular balance model of “security-sharing-benefit” for the mining and sharing of personal health and medical information. Following this model, it proposes practical pathways: strengthening the dynamic informed consent mechanism, establishing a standardized contractual mechanism for information sharing, creating a personal information account and benefit distribution mechanism, improving the information infringement remedy system, and developing industry self-regulatory organizations and ethics committees.

Keywords: principle of party autonomy; personal health and medical information; triangular balance model of “security-sharing-beneficial use”

自党的十八届三中全会以来,以习近平同志为核心的党中央始终将保障人民身体健康作为发展的根本方针。（剩余11993字）