@article{ART003276213},
author={Han-JU, Lee and XU JINGSHI and Kim Jun Yeup},
title={Legal Issues and Development Plans for AI-Based Medical MyData: Comparison with China},
journal={Journal of Asia-Pacific Studies},
issn={1225-8539},
year={2025},
volume={32},
number={4},
pages={65-94},
doi={10.18107/japs.2025.32.4.003}
TY - JOUR
AU - Han-JU, Lee
AU - XU JINGSHI
AU - Kim Jun Yeup
TI - Legal Issues and Development Plans for AI-Based Medical MyData: Comparison with China
JO - Journal of Asia-Pacific Studies
PY - 2025
VL - 32
IS - 4
PB - Institute of Global Affairs
SP - 65
EP - 94
SN - 1225-8539
AB - With the revision of the three data laws in 2020, various data utilization strategies are being actively discussed across various industries. Even the medical data sector, which has previously been subject to significant restrictions due to various regulations, is exploring new possibilities with the introduction of the concept of "MyData" in healthcare. While the implementation of the MyData service in healthcare starting in March 2025 offers positive aspects, such as allowing individuals to easily access and utilize their medical data at any time, there is controversy over the effectiveness of this service. The medical community, in particular, has a negative view of the service, citing concerns about data leaks and the privatization of healthcare. Furthermore, concerns have been raised about the ambiguity of the "Medical MyData" concept and the liability for medical data leaks. While it may seem desirable for individuals to store and manage their own medical data, it is questionable whether this alone will significantly benefit the data subject. There is also skepticism that this could prioritize the interests of large medical institutions, insurance companies, and healthcare data platform companies. This issue is expected to remain a contentious issue, and resolving it is necessary to implement MyData projects.
This paper examines the current state of "smart healthcare," a topic of much discussion in China, along with government and regional policies and legislation. We examine various issues and solutions related to the utilization of medical data in China, and propose recommendations for the advancement of our own legal system.
KW - Medical MyData;Smart Medical;Chinese Medical Data Law;Personal Information Protection Act;Right to Self-Determination of Personal Information;Right to Request Personal Information Transmission
DO - 10.18107/japs.2025.32.4.003
ER -
Han-JU, Lee, XU JINGSHI and Kim Jun Yeup. (2025). Legal Issues and Development Plans for AI-Based Medical MyData: Comparison with China. Journal of Asia-Pacific Studies, 32(4), 65-94.
Han-JU, Lee, XU JINGSHI and Kim Jun Yeup. 2025, "Legal Issues and Development Plans for AI-Based Medical MyData: Comparison with China", Journal of Asia-Pacific Studies, vol.32, no.4 pp.65-94. Available from: doi:10.18107/japs.2025.32.4.003
Han-JU, Lee, XU JINGSHI, Kim Jun Yeup "Legal Issues and Development Plans for AI-Based Medical MyData: Comparison with China" Journal of Asia-Pacific Studies 32.4 pp.65-94 (2025) : 65.
Han-JU, Lee, XU JINGSHI, Kim Jun Yeup. Legal Issues and Development Plans for AI-Based Medical MyData: Comparison with China. 2025; 32(4), 65-94. Available from: doi:10.18107/japs.2025.32.4.003
Han-JU, Lee, XU JINGSHI and Kim Jun Yeup. "Legal Issues and Development Plans for AI-Based Medical MyData: Comparison with China" Journal of Asia-Pacific Studies 32, no.4 (2025) : 65-94.doi: 10.18107/japs.2025.32.4.003
Han-JU, Lee; XU JINGSHI; Kim Jun Yeup. Legal Issues and Development Plans for AI-Based Medical MyData: Comparison with China. Journal of Asia-Pacific Studies, 32(4), 65-94. doi: 10.18107/japs.2025.32.4.003
Han-JU, Lee; XU JINGSHI; Kim Jun Yeup. Legal Issues and Development Plans for AI-Based Medical MyData: Comparison with China. Journal of Asia-Pacific Studies. 2025; 32(4) 65-94. doi: 10.18107/japs.2025.32.4.003
Han-JU, Lee, XU JINGSHI, Kim Jun Yeup. Legal Issues and Development Plans for AI-Based Medical MyData: Comparison with China. 2025; 32(4), 65-94. Available from: doi:10.18107/japs.2025.32.4.003
Han-JU, Lee, XU JINGSHI and Kim Jun Yeup. "Legal Issues and Development Plans for AI-Based Medical MyData: Comparison with China" Journal of Asia-Pacific Studies 32, no.4 (2025) : 65-94.doi: 10.18107/japs.2025.32.4.003