AI 기반의 의료 마이데이터의 법적 문제와 발전 방안: 중국과의 비교를 통하여

With the revision of the three data laws in 2020, various data utilization strategies are being actively discussed across various industries. Even the medical data sector, which has previously been subject to significant restrictions due to various regulations, is exploring new possibilities with the introduction of the concept of "MyData" in healthcare. While the implementation of the MyData service in healthcare starting in March 2025 offers positive aspects, such as allowing individuals to easily access and utilize their medical data at any time, there is controversy over the effectiveness of this service. The medical community, in particular, has a negative view of the service, citing concerns about data leaks and the privatization of healthcare. Furthermore, concerns have been raised about the ambiguity of the "Medical MyData" concept and the liability for medical data leaks. While it may seem desirable for individuals to store and manage their own medical data, it is questionable whether this alone will significantly benefit the data subject. There is also skepticism that this could prioritize the interests of large medical institutions, insurance companies, and healthcare data platform companies. This issue is expected to remain a contentious issue, and resolving it is necessary to implement MyData projects. This paper examines the current state of "smart healthcare," a topic of much discussion in China, along with government and regional policies and legislation. We examine various issues and solutions related to the utilization of medical data in China, and propose recommendations for the advancement of our own legal system.