Article 5(Processing and utilization of data or information) #
(1) The Minister of Health and Welfare may establish and operate a community health and medical information system for the efficient processing (referring to processing defined in subparagraph 2 of Article 2 of the Personal Information Protection Act; hereafter in this Article the same shall apply) of various data and information necessary for performing the functions and affairs of community health and medical institutions (including primary health care posts defined in subparagraph 4 of Article 2 of the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages; hereafter in this Article the same shall apply). <Amended on Mar. 28, 2023>
(2) The Minister of Health and Welfare may process any of the following data or information as data necessary to establish and operate a community health and medical information system under paragraph (1) and may request relevant central administrative agencies, local governments, and related institutions, organizations, corporations, facilities, etc. to provide necessary data. In such cases, any central administrative agency or local government, or related institution, organization, corporation, facility, etc. shall, upon receipt of the request, comply therewith, unless there is good cause: <Amended on Mar. 28, 2023>
1. Data about provision of community health and medical services referred to in Article 11 (1) 5;
2. Data about the applications for community health and medical services, investigations, and provision of such services pursuant to Articles 19 through 21;
3. Other data prescribed by Presidential Decree, necessary for community health and medical institutions in performing their functions.
(3) No one shall damage, destroy, alter, forge, leak, search, or copy any data in any community health and medical information system without access authority or beyond the scope of authorized access.
(4) In order to efficiently process various data and information necessary for community health and medical institutions to perform their functions and affairs, the Minister of Health and Welfare may utilize the community health and medical information system prescribed in paragraph (1), in electronic connection with the following information systems: <Added on Mar. 28, 2023>
1. An information system that processes electronic information data of resident registration under Article 30 (1) of the Resident Registration Act;
2. A social security information system under Article 37 (2) of the Framework Act on Social Security;
3. A social services information system under Article 24-2 (1) of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries;
4. An integrated vaccination management system under Article 33-4 (1) of the Infectious Disease Control and Prevention Act;
5. An integrated infectious disease control information system under Article 40-5 (1) of the Infectious Disease Control and Prevention Act;
6. An information system that processes health examination data defined in subparagraph 4 of Article 3 of the Framework Act on Health Examination;
7. An information system under Article 96-2 (1) of the Local Finance Act;
8. A dementia information system under Article 13-2 (1) of the Dementia Management Act;
9. Other information systems prescribed by Presidential Decree.
(5) The Minister of Health and Welfare may provide data or information processed through the community health and medical information system pursuant to paragraph (1) to the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu for improving the health of local residents and for preventing and controlling diseases. <Added on Mar. 28, 2023>
(6) A Mayor/Do Governor or the head of a Si/Gun/Gu may, if necessary, provide the data or information he or she has received from the Minister of Health and Welfare under paragraph (5) to health and medical care related institutions and organizations, or medical personnel under Article 30 (3) by obtaining the consent of a person eligible for services and a person who has a legal duty to support under Article 19 (2). In such cases, the minimum necessary information shall be provided in consideration of the purpose of use. <Added on Mar. 28, 2023>
(7) Where the head of the relevant central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to utilize or connect with a community health and medical information system pursuant to paragraph (4) or (5), he or she shall have a prior consultation with the Minister of Health and Welfare by specifying the data or information he or she intends to process through the community health and medical information system, the purposes and methods of processing, institutions in possession of the relevant data or information, etc. <Added on Mar. 28, 2023>
(8) Except as provided in paragraph (7), the scope of, and the methods, procedures, etc. for using a community health and medical information system shall be prescribed by Presidential Decree. <Added on Mar. 28, 2023>
[Title Amended on Mar. 28, 2023]