Compared with the identification of general privacy infringement，the difficulty of the identification of patient’s privacy rights lies in the fact that patients in the doctor-patient relationship agree with the doctor to know their privacy for treatment needs or other factors. In accordance with the provisions on the protection of privacy，those who disclose the patient’s privacy with their consent shall not bear tort liability. In this paper，the status of patient’s consent is divided into consent inside diagnosis and treatment and consent outside diagnosis and treatment. For consent inside diagnosis and treatment is generally judged according to the patient’s personal promise or corresponding behavior. For consent outside diagnosis and treatment，attention should be paid to the review elements of the patient’s express consent and the general situation of presuming the patient’s consent.