1. The Legitimacy and Privacy Protection of National Health Insurance Card Note.
- Author
-
Chin-Wen Wu
- Abstract
The Taiwan Constitutional Court has recognized the right to information self-determination in Interpretation No. 603. The scope of data storage on national health insurance cards should be rationally related to the purpose of the issuance of national health insurance cards, preventing unconstitutional infringement on information privacy rights. The patient's disclosure obligation of the first sentence, Section 1, Article 12 of the HIV Infection Control and Patient Rights Protection Act (HIV/AIDS Act) should be interpreted as limited disclosure obligations during seeking medical advice, not extending to general disclosure obligations. If Article 6 of Regulations Governing the Production and Issuance of the National Health Insurance IC Card and Data Storage, and Section 1, Article 12 of HIV/AIDS Act are the legal basis for adding the infection status to the health insurance card note, it may not meet the privacy standard guaranteed by the Constitution, and easily lead to wrongful discrimination against the infected. [ABSTRACT FROM AUTHOR]
- Published
- 2021
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