| 英文摘要 |
The Taiwan Constitutional Court ruling on August 12, 2022, marked a milestone of a decade of dispute for secondary uses of data from the National Health Insurance Database. While the ruling is final, however, debates on developing a health data governance framework have just started. This paper argues, from the digital transformation of medical care perspective, that legislators should respond to the various difficulties in the current data control model under the traditional information privacy law, by applying the concept of Digital Trust, for transparency, security, accountability, fiduciary duty, and benefit sharing. Also, facing current trends of the platform economy and surveillance capitalism controlled by multinational big tech, how the EU scholars use the concept of Digital Constitutionalism to construct a set of digital separation of powers and judicial review is a must-see reference. How to establish a good and trustworthy data governance mechanism for Taiwan National Health Database by using the concepts of digital trust and digital constitutionalism is an urgent and critical responsibility for the competent authorities. |
