| 英文摘要 |
This article aims to understand the framework and rationale that should be contained in the legal framework of health data governance and to compare the legal system after the judgment of the Constitutional Court in relation to the National Health Insurance Research Database.
The Constitutional Court held that the current legal system cannot meet the basic legal requirements for health data governance. In the future, the design of data governance legislation should pay attention to the balance between the protection of the fundamental rights of individuals, the public interests, data economy brought about by the re-use and sharing of health data, and the fair competition among enterprises. In addition, the relevant legal framework is crucial in the formulation sequence and scope, and there must also be clear boundaries and correlations between the legislation for general and specialised data usage. Finally, in terms of theory and comparative law, the trust relationship between stakeholders at stake is the core value. |
