关键词: 健康中国, 健康数据, 数据收集, 数据利用, 权利保护, 体育法学

Abstract: Huge amount of personal health data generated in the process of national fitness are not only related to health-related rights, but also to personal freedom and personal dignity in the implementation of the Health China strategy. Currently, theproblems regarding the protection of personal health data rights in China include: invisible measure of collection, coerced consent of collection, ambiguous terms of collection clauses, and vague scope of collection. The issues in the data utilization stage include free use, commercial use and explicit use. The issues in the data protection stage include "one-time consent is taken as lifelong consent" and "only caring about collection while neglecting protection".Although the Civil Code of the People's Republic of China and other legal provisions regarding protection of personal data have made a clear attitude towardsthe protection of personal health data, they still leave blank in specific protection methods. The research suggests that after fully considering the sharing and co-governance of data governance, the relevant government agencies should add specific measures regarding data collection, utilization and protectionrespectivelyto build a user-friendly protection mode, improve the negotiation mechanism of data collection to developa"universal free + individual payment"mode, and guarantee the user's right to rectify or erase personal data.

Key words: Healthy China, health data, data collection, data utilization, rights protection, sports law