Research On Personal Information Protection In The Context Of Major Public Health Events

The provisions on personal information in the Civil Code provide guidance for the protection of personal information in China,and make it clear that personal information is a civil right independent of privacy.The Personal Information Protection Law(Draft)has detailed provisions on the protection of personal information,but the protection of personal information in China has not achieved significant practical effects.During the COVID-19 epidemic,personal information leakage occurred frequently,exposing the inadequacy of personal information protection in the context of major public health events in China.Based on the Law on the Prevention and Treatment of Infectious Diseases,the Code of Personality Rights,the Code of Tort Liability and the Law on the Protection of Personal Information(Draft),this paper makes a systematic study on the protection of personal information in the context of major public health events,combining with the problems in the protection of personal information during the epidemic period.The full text is divided into five chapters.The first chapter: The introduction of this paper.This paper mainly introduces the research background and significance,research ideas and methods,content and innovation.Through the review of domestic and foreign research literature,it is found that under the background of major public health events,citizens’ personal information is still protected by law,even if it is necessary to collect,use and disclose their names,home addresses,contact information and other personal information for the purpose of safeguarding public interests and safeguarding public health.The European Union and the United States have relatively perfect personal information protection systems,and have regulations for the protection of personal information in the field of public health,which is worthy of our study and reference.The second chapter: Overview of personal information in the context of major public health events.First,the concept of major public health events and personal information is defined,and the characteristics of major public health events are expounded: the universality of transmission,the severity of harm and the urgency.In order to clarify the scope of personal information,this paper makes a comparison between personal information and privacy right.Although the two often compete and cooperate in the field of infringement,they are different in content,value and degree of protection,and privacy right has a higher degree of protection than personal information.Secondly,it analyzes the particularity of personal information protection in the context of major public health events,including the fact that specific subjects can break through the principle of inform and consent to collect citizens’ personal information,and the conflict between personal information rights and the public’s right to know intensified.The third chapter: The problems of personal information protection under the background of major public health events in China.This chapter analyzes the problems during the outbreak of personal information protection in China,reflecting the "law on the prevention and control of infectious diseases and the civil code in China of the insufficiency of the personal information protection,the law on the prevention and control of infectious disease given the specific subject of personal information collection,public power,but not to limit,lead to significant public health events in the limits of personal information collected,the public is not clear,in practice,the phenomenon of the excessive collect personal information,and major public health event at the end of the processing of personal information do not make specific provision,increased personal information leakage risk.When citizens resort to the Civil Code for protection of personal information infringement cases,there are such problems as unreasonable liability principle for personal information infringement,too low amount of property damage compensation and too little relief for mental damage,so citizens cannot obtain effective protection.The fourth chapter: Investigation of the Extraterritorial Law of Personal Information Protection in the Background of Major Public Health Events.It mainly makes a comparative study of two different legislative models in the European Union and the United States: one is the unified legislative model,and the other is the combination of decentralized legislation and industry self-discipline.The enlightenment to China is summarized:China should draw lessons from Germany,Austria and other EU countries to make more detailed legislation on the principle of personal information infringement imputation,and explore the establishment of dual imputation system,so as to reduce the difficulty in providing evidence due to the difference in strength between the two sides;Clarifying the principles of personal information processing in major public health events;Strengthen industry self-regulation and formulate industry standards for handling personal information.The fifth chapter: Suggestions for improving the protection of personal information in the context of major public health events.In view of the problems existing in the protection of personal information in the context of major public health events in the third chapter,this chapter puts forward some suggestions to improve it.First of all,the scope of personal information collection and disclosure under the background of major public health events should be clarified,and the personal information protection system after major public health events should be established.In the aspect of personal information tort relief,a dual imputation system combining the principle of presumption of fault and general liability for fault should be established.Perfect personal information infringement damages,in particular,should establish the personal information infringement property damages minimum amount,and increase the intensity of mental damage compensation relief for infringement of personal information: first,decrease the information subject proof standard,whether to "severe" degree can affect the amount of compensation for mental injury,but not as the basis of information subjects can claim compensation for mental damage;Secondly,we should refer to the provisions of "Personal Data Protection Law" in Taiwan to determine the limit of compensation for mental damage caused by infringement of personal information.