《侵权责任法》之患者隐私权刍议

Discussion of Patients' Right of Privacy in the Tort Liability Law

《侵权责任法》首次以立法形式规定了患者隐私权的具体人格权性质,全面地概括了侵权主体,并明确了侵权人的民事赔偿责任。同时《侵权责任法》对患者隐私权的规定也存在一些不足,如未把探知患者隐私的行为规定为侵权。应当通过司法解释等方法对其进行补充完善,以更好地保护医患双方的合法权益。

The Tort Liability Law has firstly stipulated in legislative form that patients＇ right of privacy is the specific personality right, comprehensively generalized the main part of infringement, and determined infringer＇ s civil compensation liability. However, there are some shortages in this law. For example it has not stipulated the act of spying patients＇ privacy as an entrenched act. To some extent, the law needs to be matured by judicial interpretation in order to safeguard the legal interests of both doctors and patients.