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Ethical Issues concerning Health Data Ownership

  • Korean Journal of Medical Ethics
  • Abbr : 의료윤리
  • 2021, 24(4), pp.423-459
  • DOI : 10.35301/ksme.2021.24.4.423
  • Publisher : The Korean Society For Medical Ethics
  • Research Area : Medicine and Pharmacy > General Medicine
  • Received : November 29, 2021
  • Accepted : December 21, 2021
  • Published : December 31, 2021

HYUNJAECHA ORD ID 1 JUNHEWK KIM ORD ID 2

1연세대학교 의과대학 인문사회의학협동과정
2연세대학교 치과대학 치의학교육학교실

Accredited

ABSTRACT

In recent years, with the rise of the data economy, the amount of personal health data that is collected and stored has increased significantly and raised ethical and legal concerns over the question of who owns this data. This article reviews the relevant legislation in Korea, the EU, the US, and Japan and shows that in the current legal context there are practical problems with the concept of health data ownership. However, rather than abolishing that concept, this article attempts to situate it in a new ethical framework. Using Fraser’s critical theory of justice, which distinguishes between issues of redistribution versus recognition, this article argues that health data ownership should be understood in terms of a just relationship between data parties and data.

Citation status

* References for papers published after 2023 are currently being built.

This paper was written with support from the National Research Foundation of Korea.