Disclosure of personal information by a hospital is a serious illegal act, and its consequences mainly include civil liability, administrative liability and criminal liability.
1. Civil Liability
If a hospital leaks personal information, it must first bear civil liability. As victims of information leakage, patients have the right to demand compensation from the hospital. According to the relevant provisions of the Tort Liability Law of the People's Republic of China, hospitals shall be liable for compensation if they cause harm to patients by leaking their personal information. The scope of compensation includes direct economic losses and mental damages suffered by patients due to information leakage.
2. Administrative Liability
In addition to civil liability, hospitals may also face administrative liability if they disclose personal information. According to the provisions of the "Personal Information Protection Law of the People's Republic of China", if a hospital, as a personal information processor, fails to fulfill its personal information protection obligations, resulting in the leakage of personal information, the relevant competent authorities may impose administrative penalties on it. Administrative penalties include warnings, fines, orders to make corrections, etc. In serious cases, the hospital's practice license may be revoked.
3. Criminal liability
If the hospital leaks personal information in a serious manner and is suspected of committing a crime, it will also bear criminal liability. According to the relevant provisions of the "Criminal Law of the People's Republic of China", whoever violates relevant state regulations by selling or providing citizens' personal information 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 solely be fined; If the offense is particularly 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, as a unit, commits a crime, the directly responsible supervisor and other directly responsible personnel should also be punished.
In summary:
Disclosure of personal information by a hospital is a serious illegal act and must bear corresponding civil, administrative and criminal liabilities. In order to protect the security of patients' personal information, hospitals should strengthen internal management, improve personal information protection systems, and strictly abide by relevant laws and regulations. At the same time, patients should also increase their awareness of personal information protection, strengthen self-protection, and avoid risks caused by personal information leakage.
Legal basis:
"Tort Liability Law of the People's Republic of China"
Article 2 stipulates:
Infringement of civil rights rights and interests, shall bear infringement liability in accordance with this law.
The civil rights and interests referred to in this law include the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufruct rights, and guarantees Personal and property rights such as property rights, copyrights, patent rights, trademark exclusive rights, discovery rights, equity rights, inheritance rights, etc.
"Personal Information Protection Law of the People's Republic of China"
Article 66 stipulates:
Process personal information in violation of the provisions of this law, or Anyone who handles personal information and fails to fulfill the personal information protection obligations stipulated in this law shall be ordered to make corrections by the department performing personal information protection responsibilities, give a warning, confiscate illegal gains, and order applications that illegally process personal information to suspend the provision of relevant services; refuse If corrections are made, a fine of not more than 1 million yuan shall be imposed; the directly responsible person in charge and other directly responsible personnel shall be fined not less than 10,000 yuan but not more than 100,000 yuan.
If there is an illegal act specified in the preceding paragraph, and the circumstances are serious, the department performing personal information protection responsibilities at or above the provincial level shall order correction, confiscate the illegal gains, and impose a fine of not more than five million yuan; those directly responsible shall be The person in charge and other directly responsible persons 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 within a certain period of time.
"Criminal Law of the People's Republic of China"
Article 253-1 stipulates:
Violating relevant national regulations, selling to others Or provide citizens' personal information, and if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently fined.
Anyone who violates relevant national regulations by selling or providing personal information of citizens obtained in the course of performing duties or providing services to others shall be severely punished in accordance with the provisions of the preceding paragraph.
Anyone who steals or illegally obtains citizens’ personal information through other methods shall be punished in accordance with the provisions of paragraph 1.
If a unit commits the crimes in the preceding three paragraphs, the unit shall be fined, and the persons directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the respective paragraphs.