Constitutional Review of Violations of Fundamental Rights in Medical MyData

Recently, the approach to medical information is rapidly changing through the combination of technology and data. This change means that the purpose of healthcare, which is to protect and promote health and treat diseases, can provide or utilize information for desired medical services through the combination of technology and data. In particular, as the sharing and utilization of medical data become more important, the medical MyData industry, which emphasizes that the authority over medical information lies with the individual as the information subject, is emerging as a new paradigm for data utilization. In this way, medical MyData is attracting attention as a means to increase the utilization of medical information while strengthening the rights of the information subject to personal medical information. Recently, with the revision of the Medical Act, it has become possible to transfer medical records or request direct transmission to a third-party medical institution. In this respect, medical MyData is expected to make great strides in the future, but compared to this, legal review of the introduction of medical MyData is still insufficient. As a result, companies that have collected personal information have been generating data revenue through their own platforms, but are facing legal uncertainty regarding the introduction of medical MyData. In this context, this paper conducted a legal review of the issues of guaranteeing basic rights, profit distribution, and conflicts with other laws for the sustainable and stable growth of the medical MyData industry. In addition, it suggested a way to realize guaranteeing basic rights in accordance with the environment of the data era in medical MyData.