Research On The Protection Of Personal Information Administrative Law In Public Health Emergencies

From the SARS epidemic in 2003,to the influenza A(H1N1)in 2009,and then to the new coronal pneumonia epidemic in 2020,all kinds of public health emergencies have increasingly affected our lives.The response to public health emergencies not only tests the government’s crisis management ability,but also an important opportunity to promote the development of China’s emergency legal system.In public health emergencies,personal information is used in epidemic early warning,epidemic research and judgment,emergency decision-making and other aspects.Local governments use modern data technology to deal with public health emergencies by means of health code,electronic pass and publishing flow survey report,which improves the accuracy of prevention and control,but also exposes some problems.It is of great practical significance and application value to study the administrative law protection of personal information in public health emergencies.In public health emergencies,in order to protect the public interest,the emergency law gives the government administrative emergency power,and the power of the government is expanded compared with the normal situation.At the same time,citizens’ personal information rights and interests are limited.There is no boundary between the expansion of government public power and the limitation of civil rights.Administrative law has its unique advantages in restricting public power,protecting citizens’ personal information and balancing public interests and personal information rights and interests.Starting from the government’s practice of dealing with citizens’ personal information in public health emergencies,this paper finds that there are diversified collection subjects and unclear information collection scope in the link of personal information collection;In the aspect of personal information utilization,there is a lack of specific rules for information utilization,and there is a gap in the level of personal information utilization by local governments;In the process of information disclosure,the subject of information disclosure is not clear and the standards of government information disclosure are not unified;Insufficient administrative supervision and relief of personal information protection.Starting from the problem orientation,this paper analyzes the basic principles of personal information administrative law protection in public health emergencies.Through the principle of legal treatment,the principle of proportion and the principle of due process,we can effectively avoid the unlimited contraction of personal information rights and interests and the unlimited expansion of the power of administrative organs,so as to achieve a balance between the protection of public interests and the protection of personal information rights and interests.In view of the problems exposed in the collection link,it is proposed to clarify the subject and scope of information collection;In view of the problems exposed in the use of personal information,this paper puts forward specific rules to improve the use of personal information and strengthen the ability of local governments to use personal information;In view of the problems exposed in the link of information disclosure,this paper puts forward to clarify the obligation subject and standard of information disclosure,so as to form a closed loop to protect personal information.At the same time,the government should strengthen the supervision of information,so that the main body of information collection dare not disclose or cannot disclose,and increase the punishment;Improve the relief ways for infringing citizens’ personal information in public health emergencies,and fully protect the information rights and interests of information subjects.