보건의료 빅데이터의 이용과 한계 — 대만판례 TAHR vs NHIA (2012) 분석을 중심으로 —

Health Information should be protected in terms of personal information. It is because the right of self-determination on his or her own personal information is guaranteed as a fundamental right in the constitution. However, the utility of health information has been generally recognized due to the fact that health information can contribute to the development of social life. The efforts to resolve the dilemma whereby utilizing and protecting personal information are conflicted between each other have been made continuously. In line with these efforts, some governmental agencies or departments in South Korea have announced series of policies related to data-utilization in big data context. However, some civil societies showed strong disagreement on the governmental policy regarding the utilization of health information that several governmental agencies collected. In this regard, one legal case in Taiwan, which has similar health insurance system in terms of public insurance with South Korea, needs to be examined in detail. It is because comparative legal analyses between South Korea and Taiwan are helpful to resolve the situation, which is stated above. Taiwan has embraced a sort of social consensus concerning the above issue after experiencing social conflict. Thus, the decision of the Taiwanese court in TAHR vs NHIA is closely analyzed based on the regulatory and systematic similarities between the two nations regarding health information. This article is focused on the followings: ① how health information is utilized in South Korea and How health information is regulated under current legal regimes; ② how health information is utilized in Taiwan with the introduction of TAHR vs NHIA based on the description of health information system in Taiwan; ③what are the main decisions and legal reasoning of TAHR vs NHIA; and ④ what can be learned from TAHR vs NHIA in relation with health information.