A systematic design for parallel entitlement to medical data property rights among multiple subjects
Liu Yun，Xuan Lijie
Institute for Studies on Artificial Intelligence and Law, Tsinghua University
Abstract： With the digital and intelligent development of medical activities, medical data, which was originally a by-product of diagnosis and treatment activities has increasingly acquired independent data property value. Patients, medical institutions, and other industry institutions all have the qualifications to participate in the allocation of data property rights. This paper divides medical data into three categories: provision-type, observation-type, and processing-type data. Based on the structural separation scheme of data property rights proposed in the "Twenty Provisions on Data", a classified system for confirming and authorizing property rights is constructed. Patients have complete data holding rights, usage rights, and operational rights over provision-type data generated through their contributions. Medical institutions can acquire corresponding data property rights through authorization agreements. Patients and medical institutions can parallelly enjoy property rights over observation-type data and independently exercise corresponding data rights, provided that they do not harm the legitimate interests of the other party. Medical institutions and other industry institutions can acquire property rights over processing-type data based on derivative creation. At the same time, it is necessary to include the sharing decisions and authorized operation decisions of state institutions as statutory methods of acquiring data property rights in future legislation.
Key words : medical data; data property rights; public data; patients′ personal information
