I. Undertaking of Civil Liability
The first thing a hospital should bear for revealing personal information is civil liability. As a victim of information leakage, patients have the right to ask the hospital to bear the liability for compensation. According to the relevant provisions of the Tort Liability Law of People's Republic of China (PRC), a hospital shall be liable for compensation if it causes damage to patients by disclosing their personal information. The scope of compensation includes the direct economic loss and mental damage suffered by patients due to information disclosure.
Second, administrative responsibility.
In addition to civil liability, hospitals may also face administrative responsibility for leaking personal information. According to the Personal Information Protection Law of People's Republic of China (PRC), if a hospital, as a personal information processor, fails to fulfill its personal information protection obligations, resulting in the disclosure of personal information, the relevant competent authorities may impose administrative penalties on it. Administrative punishment measures include warnings, fines, and orders to make corrections. If the circumstances are serious, the practice license of the hospital may be revoked.
Three. The assumption of criminal responsibility
If the hospital leaks personal information, the circumstances are serious and it is suspected of committing a crime, it should also bear criminal responsibility. According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), anyone who, in violation of the relevant provisions of the state, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a hospital commits a crime as a unit, it shall also punish the directly responsible person in charge and other directly responsible personnel.
To sum up:
It is a serious illegal act for hospitals to disclose personal information, and they should bear corresponding civil, administrative and criminal responsibilities. In order to protect the safety of patients' personal information, hospitals should strengthen internal management, improve the personal information protection system and strictly abide by relevant laws and regulations. At the same time, patients should also raise their awareness of personal information protection, strengthen self-protection and avoid the risks caused by personal information disclosure.
Legal basis:
Tort Liability Law of People's Republic of China (PRC)
Article 2 provides that:
Anyone who infringes upon civil rights and interests shall bear tort liability in accordance with this Law.
The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
People's Republic of China (PRC) personal information protection law
Article 66 provides that:
In case of handling personal information in violation of the provisions of this Law, or failing to fulfill the obligations of personal information protection stipulated in this Law, the department performing the duties of personal information protection shall order it to make corrections, give a warning, confiscate its illegal income, and order it to suspend the provision of relevant services for applications that illegally handle personal information; Refuses to correct, impose a fine of one million yuan; The directly responsible person in charge and other directly responsible personnel shall be fined 1 more than 10,000 yuan1less than 0,000 yuan.
If there is any illegal act specified in the preceding paragraph, if the circumstances are serious, the department performing the duties of personal information protection at or above the provincial level shall order it to make corrections, confiscate the illegal income and impose a fine of not more than 5 million yuan; The directly responsible person in charge and other directly responsible personnel shall be fined not less than 100,000 yuan but not more than 1 million yuan, and may decide to prohibit them from serving as directors, supervisors, senior managers and persons in charge of personal information protection of relevant enterprises for a certain period of time.
Criminal law of the people's Republic of China
One of the provisions of article 253rd:
Whoever, in violation of the relevant provisions of the state, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph.
Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding three paragraphs.