A note on why 'Who owns the data?' is the wrong question
While doing some research with future work in mind, I arrived at the following site and realized I had been confused as well, but it is true that the question 'Who owns the data?' is the wrong one to ask.
Since I'm likely to forget if I only rely on the notes in this article, I've written down my own interpretation below as a memorandum.
First, as the site above states, there is no ownership of data under civil law to begin with. In civil law, ownership is predicated on tangible objects (tangible entities that physically occupy a portion of space), and data, like intellectual property, is an intangible object. In other words, unless otherwise specified, the principle is that it does not exclusively belong to a specific person, nor does it have the nature of being exclusively usable by that person alone.
However, like intellectual property, certain data is granted legal protection. This includes the Act on the Protection of Personal Information, the Unfair Competition Prevention Act, and patent and copyright laws. That is likely why terms like 'protection' and 'sovereignty' are used instead of 'ownership' when talking about data.
Specifically, for example, health checkup data does not belong to the hospital, nor does it belong to the individual who received the checkup.
The business that conducted the health checkup is obligated to store the data for five years, but that is a separate matter from ownership. Also, as sensitive personal information, the individual in question is protected, and if they request disclosure, they can obtain the data (regardless of fees), but this is not ownership either. Well, personal health checkup data does not have the kind of creativity that would allow an individual to claim any sort of rights over it.
Even if an individual owned their data, that alone wouldn't make anything more convenient. The motivation for people who want to say that data belongs to the individual should be about convenience or data circulation, such as: 'Why can't I use the test data from when I was examined at Hospital A at Hospital B where I am being examined recently? The tests performed are almost the same.'
By the way, when looking into why this data does not circulate, it seems the issue is not about ownership, but rather the penetration rate of electronic medical records and the lack of standardization in electronic medical record data formats.
I remember over 10 years ago seeing a major IT vendor with a high market share for electronic medical records propose a solution to connect electronic medical records among medical institutions and manage data centrally in the cloud, so I was surprised, but I also recalled that I never heard of it being implemented. Even with the same format, perhaps there was no culture of sharing data or no convincing benefits at the time. Needless to say, this is even more true when crossing vendors, and since small and medium-sized medical institutions have long had difficult management situations, it may be unavoidable that they were passive about introducing electronic medical records themselves back when the value of data was not yet high.
Recently, as part of the government's promotion of DX in the medical field, it seems that the standardization and sharing of electronic medical record information are progressing, such as achieving 100% penetration of electronic medical records and promoting the nationwide medical information platform 'Electronic Medical Record Information Sharing Service' among medical institutions, but I wonder. I have been away from this field for a long time, so I don't know about the industry trends or the actual situation.
The end went a bit off-topic, but it was good to be able to clarify one point before the holidays ended.
