BALANCING PRIVACY AND PUBLIC INTEREST: A PROPOSAL FOR A DUAL INFORMING SYSTEM IN PREMARITAL MEDICAL EXAMINATION ORGANIZATIONS

Abstract

This paper examines the issue of whether premarital medical examination organizations should have the obligation to inform parties about abnormal test results, especially in cases of infectious diseases that may endanger public health. The study focuses on Article 1053 of the Civil Code of the People's Republic of China and the classification of premarital medical examinations in the Maternal and Infant Health Care Law. The paper proposes the establishment of a dual informing system, where personal information and medical examination organization information are combined. In addition, the study suggests that premarital medical examination organizations should be required to inform the parties about infectious diseases that could harm the public interest, and the doctor should advise the parties to voluntarily seek secondary information. The paper argues that this system would balance the right to privacy and the right to know of the parties involved and promote public health.