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Release of Medical History Information [2006] KRNHRC 10 (1 January 2006)

In order to prevent transmission of the HIV during blood transfusions, the Ministry of
Health and Welfare provided information about patients infected with HIV to the
Korean Red Cross, and announced a plan to provide a list of people that have history of
legal communicable diseases as determined by the Korea Center for Disease Control
and Prevention for the Korean Red Cross' use.

"Yoon" and 219 others filed a complaint with the Commission calling for
immediate suspension of the plan. The complainants stated that the plan to provide
information about those with unfavorable medical history without any legal ground is
likely to infringe on privacy of those with such medical history. Prevention of
transfusion transmitted infection should be achieved through scientific blood tests and a
systematic medical examination for all donors, which protects privacy.

The Commission reviewed the relevant statutes and concluded that the Ministry of
Health and Welfare had provided information without clear legal ground, violating the
right of privacy as stipulated in Article 17 of the Constitution. The Commission
recommended that the Ministry
1) come up with legal grounds for providing information on those with medical history
of legal communicable diseases at an early date; and when formulating legal ground
2) collect a sufficient number of opinions from various information holders and conduct
discussions on the need for releasing medical history information and the possibility
of human rights violations that may incur as a result of these actions.