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Update planned to medical liability law regarding patient privacy

(chinadaily.com.cn) Updated : 2018-12-24

Medical institutes and workers should be liable if they privately disclose or leak patients' personal information, no matter whether the action hurts patients or not, a newly released draft from the nation's top legislature said.

The draft to the tort book of China's civil code was submitted to the Standing Committee of the National People's Congress for the second review on Sunday.

In a previous version, discussed in the legislature earlier this year, medical institutes and workers would be blamed if their disclosure harmed patients.

But some legislators said such a move, including leaking information on a disease or illness in patients, is a kind of "serious tort", so they suggested the top legislature revise the related clause.

To ensure patient privacy, the latest draft has further clarified the liabilities of medical workers and institutes, adding they should be take responsibility for information leaked, no matter whether it hurts a patient or not.

The General Provisions of the country's civil code that is scheduled to be enacted in 2020 has been effective since October last year. It was regarded as the first step and the first chapter in building the code.

The code includes several individual books, such as one regarding contracts, tort and marriage.