What legal responsibility should doctors bear for leaking patients personal privacy?

Medical personnel who leak patients' personal privacy should bear tort liability. By law, medical institutions and their medical staff shall keep the privacy of patients confidential.

Legal basis] Article 62 of the Tort Liability Law stipulates that medical institutions and their medical personnel shall keep the privacy of patients confidential.

Those who leak a patient's privacy or disclose their medical records without the patient's consent, causing harm to the patient, shall bear tort liability. (The Tort Liability Law will expire on December 31, 2020).

According to Article 1226 of the Civil Code, medical institutions and their medical staff shall keep the privacy and personal information of patients confidential.

Those who leak the patient's privacy and personal information, or disclose their medical records without the patient's consent, shall bear tort liability. (The Civil Code came into force on January 1, 2021).

Doctors who disclose patients' privacy should bear tort liability.

Article 1032 of the Civil Code Natural persons enjoy the right to privacy. The privacy rights of others must not be infringed upon by any organization or individual by means such as espionage, invasion, leakage, or disclosure.

Privacy refers to the tranquility of a natural person's private life and the private space, private activities, and private information that he or she does not want others to know.

Paragraph 3 of Article 22 of the Law of the People's Republic of China on Medical Practitioners stipulates that physicians shall care, love and respect patients and protect their privacy in their practice activities. In diagnosis and nursing activities, medical workers are not only the implementers of patients' privacy obligations, but also the protectors of patients' privacy rights. Protecting the patient's privacy is a respect for the patient's personality and the obligation of the medical staff.

What is patient privacy?

1) Private parts of the patient's body: The patient's body shall not be exposed to anyone unrelated to the diagnosis and treatment activities without the patient's consent, such as allowing interns to visit the whole process of the mother's natural delivery without the consent of the mother.

3) Patient's personal information: The patient's home address, contact, etc. cannot be disclosed at will, such as informing the milk powder manufacturer of the mother's number or the child's date of birth.

4) Patient's medical record information: content containing patient privacy, medical record information shall not be disclosed without the consent of the patient for the purpose of publicity, so that all sectors of society can know the patient's name, physical condition, past medical history and other personal information.

Legal basis: Civil Code of the People's Republic of China

Article 1218: Where a patient suffers damage in the course of diagnosis and treatment, and the medical establishment or its medical staff is at fault, the medical establishment is liable for compensation.

Article 1219: Medical personnel shall explain the patient's illness and medical measures during diagnosis and treatment activities. Where it is necessary to carry out surgery, special examinations, or special medical procedures, medical personnel shall promptly explain to patients specific medical risks, alternative medical treatment options, and other circumstances, and obtain their explicit consent; Where it is not possible or appropriate to explain it to the patient, it shall be explained to the patient's close relatives and their explicit consent shall be obtained.

Where medical personnel fail to fulfill the obligations in the preceding paragraph and cause harm to patients, the medical establishments shall bear responsibility for compensation.

Article 1220: Where it is not possible to obtain the opinions of patients or their close relatives due to emergency situations such as rescuing patients whose lives are in danger, corresponding medical measures may be immediately implemented with the approval of the person in charge of the medical establishment or the person in charge authorized by them.

Article 1221:Where medical personnel fail to perform their duties of diagnosis and treatment corresponding to the level of medical care at the time, causing harm to patients, the medical establishment shall bear responsibility for compensation.

Article 1222: In any of the following circumstances, the medical institution is presumed to be at fault if a patient suffers harm in the course of diagnosis and treatment:

1) Violating laws, administrative regulations, rules, and other provisions related to diagnosis and treatment norms;

2) Concealing or refusing to provide medical records related to the dispute;

3) Loss, falsification, alteration, or illegal destruction of medical records.

Medical personnel are responsible for leaking patients' personal privacy, and if medical personnel leak patients' personal privacy, patients can negotiate with medical treatment on the issue of compensation, and if the negotiation fails, patients can collect relevant evidence to sue the court for medical infringement. Medical establishments and their medical personnel shall keep patients' privacy confidential. Article 1226 of the Civil Code stipulates that medical institutions and their medical personnel shall keep the privacy and personal information of patients confidential.

Those who leak the patient's privacy and personal information, or disclose their medical records without the patient's consent, shall bear tort liability.