The case of encroachment of right of personal secrets of person who carries virus of hepatitis B is won It is national the first thing

The case of encroachment of right of personal secrets of person who carries virus of hepatitis B is won It is national the first thing
25-year-old graduate Guo Lin ( Assumed name) Asked for a justice for oneself at last. Two years ago, only because of a physical examination table, he narrowlied miss with the work position that is just received by oneself.
On October 9, Guo Lin tells the case that the physical examination hospital infringed the right of privacy had results. Zhejiang Province the intersection of Hangzhou and the intersection of city and river do district people's court, assign civil conciliation statement, hospital pay the compensation payment of 5000 yuan to plaintiff.
It is reported, this is the winning case of infringing of personal secrets of physical examination of person who carries virus of the firsth hepatitis B in our country. Expert opinion, this case mediates the result and warns the medical physical examination organization and strengthens the protection of the right of privacy to the physical examination person, standardizes hepatitis B to measure the behavior, thus promote and dispel hepatitis B to discriminate against from source.
25 -year-old Guo Lin comes from Jiangxi this year, he is a member in nearly 100 million hepatitis B persons who carries virus of China too.
In May of 2007, he graduating from university shuts the electron (Hangzhou) through group's interconnected system of Fuji's health Written examination and interview of limited company. The company tells him to go for physical examination of the hospital, the expenses are paid by oneself. On June 1, 2007, what Guo Lin went to the company to appoint plays the sand hospital and carrying on the physical examination. Will it be will it be about 5 o'clock at dusk the same day, company the intersection of hepatitis B and until by person who carries virus with forest Guo, have refused him.
Shocked and frightened that Guo Lin falls into after learning this news, in order to understand one's own health, after he and company's numerous negotiations, got the physical examination table at last. The physical examination table reveals he is only " The person who carries virus of hepatitis B " ,But not " The hepatitis B patient " ,But through numerous negotiations, it is still unable to change that the company refuses to record the decision.
Determined to demand a statement by Guo Lin after refusing to record.
On May 18, 2007, former Ministry of Labour and Social Security, Ministry of Public Health jointly released " suggetion on safeguarding the employment right of person who carries antigen of surface of hepatitis B ", among them stipulate the employing unit can't measure hepatitis B during recruitment, and the regulation " right of privacy which protects the person who carries antigen of surface of hepatitis B that all types of medical organization should notice in launching the course of physical examination to the labourer " .
"My experience takes place after coming into force in new rule of the government, should receive the protection of the new rule. " Guo Lin says.
Under complaining the situation that has not been satisfied with replying to the health bureau, Guo Lin will make the sand hospital (will and then rename as " make the sand street hygiene service centre in Hangzhou " )Inform that goes to the court.
After the river does the district people's court and accepts this case in the market of Hangzhou, made the decision to mediate on October 9 of 2009.
Recently, reporter set up permanent place, know from the intersection of attorney and piece of Lin Guo defendant side assigns the fund of 5000 yuan to the court, Guo Lin can get fund of this sum of compensation soon.
"The hospital can realize one's own mistake finally, this makes me glad most. " At last victorious Guo Lin says to safeguard the rights. He says, insist on safeguarding the rights on one hand demand a justice oneself, on the other hand not baffle again while hunting for a job for more persons who carries virus of hepatitis B.
"In this case, the physical examination unit not only checks the hepatitis B index in violation of rules and regulations, but also tell enterprises the labourer's individual privacy directly, cause the chance that the labourer is discriminated against and lost the job, has already formed infringement of labourer's right of privacy. " Lawyer Zhang LiHeng says.
HaiHua Deng, press spokesman of Ministry of Public Health, reveal expert think cancel, enter school, obtain employment the intersection of hepatitis B and serology in the physical examination measure project, can influence others to be healthy a few days ago, will not cause the spread of hepatitis B and virus either. According to the relevant working routine, the relevant departments or buearus of Ministry of Public Health are making the guidance opinion according to this common understanding.

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