公共衛生監測之規範問題研究: 以美國法及我國現況為中心

Translated title of the contribution: Legal Issues of Public Health Surveillance: Focusing on the U.S. Laws and Current Situation in Taiwan

Research output: Contribution to journalArticlepeer-review

Abstract


Public health surveillance is defined by the Centers for Disease Control and Prevention in the United States as an “ongoing systematic collection, analysis, and interpretation of health related data essential to the planning, implementation, and evaluation of public health practice, closely integrated with the timely dissemination of these data to those who need to know. The final link in the surveillance chain is the application of these data to prevention and control.” Currently, there are numerous public health surveillance systems in Taiwan. Public health agencies acquire, use and store innumerable identifiable health information from medical professionals and health care entities. Most of the public health surveillance systems are authorized by laws; however, details are designed by public health agencies. Personal Information Protection Act was enacted in 2010; however, it does not provide enough regulation for government agencies’ collecting, processing and using identifiable information rega rding an individual’s health status. This article first introduces the background knowledge of public health surveillance systems, including goals and functions. Second, this article analyzes the issues of regulating public health surveillance and introduces related discussions and laws in the U.S.. Third, this article analyzes current legal situation of public health surveillance in Taiwan and provides suggestions. The author suggests the court should require the authorizing law of public health surveillance to state the policy goal specifically and clearly. Such requirement helps to examine whether collected items and future use match policy goals. In addition, this article proposes an act governing public health surveillance to regulate related issues in order to protect people’s health information privacy.
Translated title of the contributionLegal Issues of Public Health Surveillance: Focusing on the U.S. Laws and Current Situation in Taiwan
Original languageChinese (Traditional)
Pages (from-to)81-126
Number of pages36
Journal東吳法律學報
Volume29
Issue number1
StatePublished - Jul 2017

Keywords

  • Public Health Surveillance
  • Personal Information Protection Act
  • Public Health Law

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