The Balance Between The Public's Right To Know And Personal Privacy Rights Under Epidemic Prevention And Contro

The outbreak of COVID-19 in January 2020 threatened the world,and the conflict between the public’s right to know and individuals’ right to privacy became increasingly apparent in the process of COVID-19 prevention and control.On the one hand,the public has the right to know about national prevention and control policies,government actions and the whereabouts of COVID-19 patients.On the other hand,due to the data and transparency of the epidemic information,the disclosure of the information of those involved in the epidemic has seriously undermined their personal reputation and privacy.This paper systematically studies the balance of the two rights by using the theory of interest measurement,and advocates that public interests should take precedence over personal interests,while giving consideration to the protection of personal privacy.Except for the introduction and conclusion,this paper is divided into three chapters.Firstly,it defines the public’s right to know and individual’s right to privacy in epidemic prevention and control by explaining their meanings,unique characteristics and current relevant legislative protection,and then introduces the theory of interest measurement to lay a theoretical foundation for the conflict of interest and balanced countermeasures of rights.Secondly,this paper discusses the manifestation and causes of the conflict between the two rights under epidemic prevention and control.The conflict is mainly manifested as the unwillingness of individuals to disclose private information,the initiative of the government to disclose private information,and the public’s desire to disclose private information.And the cause of the conflict is to analyze the connotation boundary,right attribute and subject cognition of both rights by using the right hierarchy theory.Thirdly,based on the theoretical and practical analysis of the first two parts,it emphasizes the necessity of balancing the public’s right to know and individual’s right to privacy under epidemic prevention and control,and puts forward balanced countermeasures due to the insufficient protection of both rights at present.It mainly measures the interests of legislation related to epidemic,law enforcement related to epidemic cases and judicial application related to epidemic.In conclusion,this paper not only guarantees the public’s right to know but also protects individual privacy rights,realizes the positive interaction between legislation and judicatory,and provides an effective institutional contribution for China to deal with similar public health emergencies in the future.