How to convict a patient who divulges privacy?

According to the relevant provisions of the Civil Code and the Physician Law, hospitals or medical personnel should bear tort liability for disclosing patients' privacy and personal information. The health administrative department of the people's government at or above the county level shall give a warning or order it to suspend its practice for more than six months and less than one year; If the circumstances are serious, his practice certificate shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.

Leaking personal privacy may constitute a crime of infringing citizens' personal information, and the conviction criteria are:

1. Selling or providing information on whereabouts for others to use in crimes;

2 knowing or should know that others use citizens' personal information to commit crimes and sell or provide them;

3. Illegally obtaining, selling or providing more than 50 pieces of track information, communication content, credit information and property information;

4, the illegal income of more than five thousand yuan.

To sum up, if the medical treatment reveals the personal privacy of the patient, the patient can negotiate compensation with the medical treatment. If negotiation fails, patients can collect relevant evidence and go to court to sue for medical infringement.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 12 18

If the patient is damaged in the diagnosis and treatment activities, and the medical institution or its medical staff is at fault, the medical institution shall be liable for compensation.

Article 12 19

Medical personnel should explain the condition and medical measures to patients in medical activities. If surgery, special examination and special treatment are needed, the medical staff shall explain the medical risks and alternative medical schemes to the patients in a timely manner, and obtain their clear consent; If it is impossible or inappropriate to explain it to the patient, it shall explain it to the patient's close relatives and obtain their clear consent.

Medical institutions shall be liable for compensation if medical personnel fail to fulfill the obligations stipulated in the preceding paragraph and cause damage to patients.

Article 1220

If the opinions of patients or their close relatives cannot be obtained due to emergency situations such as rescuing dying patients, corresponding medical measures can be implemented immediately with the approval of the person in charge of the medical institution or the authorized person in charge.

Article 122 1

Medical institutions shall be liable for compensation if medical personnel fail to fulfill their medical obligations corresponding to the medical level at that time and cause damage to patients.

Article 1222

If the patient is damaged in the diagnosis and treatment activities, it is presumed that the medical institution is at fault in any of the following circumstances:

(a) in violation of laws, administrative regulations, rules and other relevant medical norms;

(two) concealing or refusing to provide medical records related to the dispute;

(three) lost, forged, tampered with or illegally destroyed medical records.