Legal Control Of Auxiliary Automated Administration ——By Observing Personal Health Information Code

In order to cope with COVID-19,especially improve the processing efficiency of various of epidemic information,agency launched personal health information code system as a kind of digital epidemic prevention facilities with Internet companies.Meanwhile,control mechanism had been built up to limit the behaviors of personal health information code system,which is based on built-in control and legal control.Under the built-in control mechanism,a built-in code simplifies control of system flow by classifying the matter into data collection,data processing and result output.And under the legal control mechanism,personal health information code plays the function of auxiliary automatic administration within the legal system.However,agency excessively relies on the built-in control and ignores the legal control,which makes it difficult to ensure that personal health information code services for administration legally and every process is under sufficient control.The lack of legal control includes the lack of prior control and the lack of post control.The main cause of prior control lacking is Illegal code.In data collection,there haven’t established built-in access control list mechanism involving flat files or databases,and there are no matching protection measures providing for data of different legal nature.In data processing,illegal code provides the possibility for agency to set preferences into personal health information code system,so that people with low health risk will be included in the category of medium or high-risk groups.The greatest sources of post control lacking are that legal positioning and functional localization of personal health information code system have never been defined.personal health information code system should be used as an auxiliary facility rather than making policy decisions automatically,since its functional limitations.The use of personal health information code system is helpful for agency to investigate,collect,process,register and monitor epidemic prevention information,but the results of its calculation can’t be the unique and sufficient condition to start measures for handling emergencies,or administrative acts cannot have a legal appearance as lacking of sufficient administrative discretion.Therefore,strengthen legal control is the core of controlling personal health information code system and auxiliary automated administration.Especially strengthen prior control and post control mechanism with observance of laws,respecting to executive power,and ensuring adequate administrative discretion.