Article 39(Processing of sensitive information and personally identifiable information) #
(1) If the Minister of Health and Welfare (including those who have been delegated or entrusted with authority or duties from, or who have been designated as regional trauma centers by the Minister of Health and Welfare pursuant to Article 10, 10-3, 10-4 13, 34, or 38) or the head of a local government (including those who have been delegated or entrusted with the relevant authority or duties) deems inevitable for performing the following administrative work, he or she may handle information about health under Article 23 of the Personal Information Protection Act or any document containing a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of the same Act; provided, information about health under Article 23 of the Personal Information Protection Act shall be excluded in cases of administrative work specified in subparagraphs 4 through 8: <Amended on Dec. 11, 2018; Jun. 11, 2019; Oct. 22, 2019; Jun. 15, 2021>
1. Administrative work for a fact-finding survey under Article 10 (1) of the Act;
2. Administrative work for services for improving mental health under Article 11 (2) of the Act;
3. Administrative work for establishing and operating mental health welfare centers and providing and interconnecting services for improving mental health, etc. under Article 15 (1) through (4) of the Act;
3-2. Administrative work related to the work of national trauma centers and regional trauma centers under Article 15-2 (1) through (3) of the Act;
3-3. Administrative work for establishing and operating addiction management centers and for supporting projects related to addiction problems under Article 15-3 (1) and (2) of the Act;
4. Administrative work for conferring qualifications for mental health specialists, conducting continuing training programs, and suspending and revoking qualifications under Article 17 (1), (3), and (7) of the Act;
5. Administrative work for examining disqualifications for the opening and establishment of a mental medical institution under Article 19 (2) of the Act;
6. Administrative work for examining disqualifications for the permission for and establishment of a mental health sanatorium under Article 22 (2) and (3) of the Act;
7. Administrative work for reporting a mental health rehabilitation facility and reporting an amendment thereto under Article 26 (2) of the Act;
8. Administrative work for medical examination, request, and transportation for hospitalization under Article 44 (3), (4), (6), (7), and (9) of the Act;
9. Administrative work for verifying personal information, notifying the outcomes of verification, and requesting verification to the chief of the relevant police station under Article 51 of the Act;
10. Administrative work for deliberating, examining, and requesting investigation under Article 53 (2), (3), and (6) of the Act;
11. Administrative work for processing petitions for examination for discharge, etc. and notifying the results thereof under Articles 55 through 57 and 59 of the Act;
12. Administrative work for processing petitions for review and examinations under Article 60 of the Act;
13. Administrative work for canceling hospitalization under Article 62 of the Act;
14. Administrative work for observing the progress of temporary discharge under Article 63 of the Act;
15. Administrative work for supporting outpatient treatment, etc. under Article 64 of the Act;
16. Administrative work for guiding, supervising, and examining mental health improvement facilities and orders issued according to results thereof under Article 66 (1), (2), and (4) of the Act;
17. Administrative work for operating and managing the system for managing hospitalization, discharge, etc. under Article 67 of the Act.
(2) If a committee for the examination as to legitimacy of hospitalization or admission or an investigator deems inevitable for performing the following administrative work, the committee or the investigator may process information about health under Article 23 of the Personal Information Protection Act or a document containing a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of that Act:
1. Administrative work for examining legitimacy of hospitalization or admission and notifying the results thereof under Article 47 of the Act;
2. Administrative work for investigations under Article 48 (1) and (2) of the Act.
(3) If the head of a mental medical institution, etc. deems inevitable for performing the following administrative work, he or she may process information about health under Article 23 of the Personal Information Protection Act or a document containing a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of that Act: <Amended on Oct. 22, 2019>
1. Administrative work for hospitalization, admission, discharge, etc. under Article 41 of the Act;
2. Administrative work for hospitalization, admission, discharge, etc. under Article 42 of the Act;
3. Administrative work for hospitalization, admission, discharge, etc. and for petitions for examination for extending the period of hospitalization or admission under Article 43 of the Act;
4. Administrative work for hospitalization under Article 44 of the Act;
5. Administrative work for hospitalization and discharge under Article 50 of the Act;
6. Administrative work for notifying discharge, etc. under Article 52 (1) of the Act;
7. Administrative work for examination for discharge, etc. or for extending the period of hospitalization or admission under Article 62 (1) and (2) of the Act;
8. Administrative work for temporary discharge, etc. under Article 63 (1) of the Act;
9. Administrative work for petitions for supporting outpatient treatment under Article 64 (1) and (2) of the Act;
10. Administrative work for the request to search for a person who left without permission under Article 65 (1) of the Act;
11. Administrative work for registration in the system for managing hospitalization, admission, discharge, etc. under Article 67 (2) of the Act;
12. Administrative work for special treatment under Article 73 (1) of the Act.
(4) If a psychiatrist or mental health specialist deems inevitable for performing the following administrative work, he or she may process information about health under Article 23 of the Personal Information Protection Act or a document containing a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of that Act:
1. Administrative work for medical examinations under Article 43 (1), (4), and (6) of the Act;
2. Administrative work for requests for medical examination and care and medical examinations under Article 44 (1), (4), and (6) of the Act;
3. Administrative work for medical examinations under Article 50 (4) of the Act;
4. Administrative work for medical examinations under Article 62 (2) of the Act;
5. Administrative work for medical examinations under Article 63 (1) of the Act.
(5) If a member of the Council deems inevitable for performing administrative work for the determination of special medical treatment under Article 73 (1) of the Act, he or she may process information about health under Article 23 of the Personal Information Protection Act or a document containing a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of that Act.