Hu Aidong

School of Law, Southwest Medical University

Abstract：

In digital healthcare, patient medical data is dispersed across medical institutions, internet medical platforms, and regional health information systems. This fragmentation weakens continuity of care and makes personal information rights difficult to exercise. Chinese law has provided normative foundations for access, copying, correction, deletion, and conditional transfer through the Civil Code and the Personal Information Protection Law of the People’s Republic of China. Yet medical sector rules remain insufficient on transferable data, obligated parties, procedures, review standards, and lawful refusal grounds. Based on the dual attributes of medical data, this article clarifies the structure and limits of patients' right to portable medical data and proposes a framework centered on data classification, differentiated obligations, procedural review, and security responsibility.

Key Words：

right to data portability; medical data; Civil Code of the People's Republic of China; Personal Information Protection Law of the People’s Republic of China; data circulation