Regulation Of Governmen’s Use Of Personal Information Under State Of Emergency

Compared with the traditional society,the value of personal information in modern information society has been fully explored,which becomes an indispensable element of social development and government administration.Compared with enterprises,owning customer information is equal to take up a competitive position in market resources and its market.For the government,the government makes the best of the available personal information to govern the society and provide the public service.In the face of the increasingly diversified social development and potential social risks,the government is more urgent than ever to use public personal information to deal with social risks and optimize administrative law enforcement.During the epidemic in 2020,the key point was carried out by the government was to make full play the big data,both timely and comprehensively,and collect personal information for investigating and monitoring the dynamic behavior of the vulnerable groups.It is can’t deny that the government has legal purposes in using personal information,but reasonable purpose can not prove that its means comply with the principle of proportion.The epidemic has highlighted the governance capacity of our government.When using personal information for epidemic prevention,personal information is more likely to be exposed to the public,having risk of being leaked and abused for someone’s personal ends.From the legal attribute of personal information,the rights and interests contained in personal information are complex and diverse,and if the public personal information is not protected,it will also damage their other rights.But the emergency situation determines that the government needs to break through the regular use of personal information to protect most people’s interests.Therefore,it is very important to standardize the behavior when government make the best of personal information in emergency.Based on the present situation,this paper attempts to explore how to regulate the use of personal information by the government in the macro legislative level and the specific system design in emergency.There are five chapters in this paper :Chapter one: Taking the problems exposed by the government to use personal information to fight the epidemic in 2020 as the starting point,It is of the same significance to expound the use and protection of personal information in emergency.Because of the lack of complete personal information protection laws and regulations in China,it is necessary to discuss and construct specific system design on the basis of existing research after combing the current research situation at home and abroad,so as to realize the maximization of personal information utilization and protection.Chapter two: analyze the legal principle behind the use of personal information by the government,re-examine the emergency,the connotation of personal information and the ownership of personal information,which lays the solid foundation for achieving the balance point of government information use and protection in emergency.It is the value to be pursued to regulate the government to use personal information rationally.Chapter three: this chapter systematically combs the current situation of government using personal information in emergency.Firstly,the paper analyzes the logic basis of the government in using personal information to provide decision analysis for public interests,to meet the right to know and to provide decision-making for emergencies in emergency.Secondly,the paper analyzes the problems exposed by the government when they use personal information in emergency from the perspective of practice and legislation.Finally,the reasons for the problem are that the lack of supervision and generalization of public interest in the circulation and sharing of personal information in the government expands the scope of personal information utilization and the lack of information security awareness of both parties in the whole cycle of personal information,which will lead to personal information disclosure or improper use by the government.Chapter four: This chapter focuses on the legal regulations on the protection of personal information in countries outside the region.The representative of the United States is selected from the common law system,and the legal regulations of Germany are selected from the civil law system.This paper analyzes the useful experience of the United States and Germany in the protection of personal information under normal conditions,as well as the regulations on the exemption and protection of personal information in order to safeguard the public interest in the state of emergency,and analyzes the disadvantages and advantages of the legal regulations in different countries,in order to provide some reference for the construction of the legal norms of the government’s use of personal information in the state of emergency in China.Chapter five: the paper elaborates on the rule of law channel to regulate the government to use public information reasonably in the emergency.From perfecting the government responsibility,strengthening the rights of the information subject to refine it to three stages,namely,before,during and after,we should improve the relief system of administrative law for personal information protection.That is,allow the government to break through the principle of legal reservation and appropriate relaxation of proportion in the specific scenario application,and adopt the negative list to protect and use personal information.Considering that it is more complicated to regulate the government to use personal information in emergency,it is far from enough to protect personal information in the legal system.It is suggested to establish a third-party supervision organization to supervise the government’s use of personal information.