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Research On The Protection Of Personal Information In Public Health Emergencie

Posted on:2024-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:H R YuFull Text:PDF
GTID:2556306917972739Subject:Law
Abstract/Summary:PDF Full Text Request
In the face of public health emergencies,personal information can be used to identify and control them in time.The timely processing of personal information can avoid the damage caused by the event to the greatest extent.So,personal information is crucial for prevention and control.However,with the continuous disclosure of the government,how to deal with personal information and other issues are exposed,our response appears to be limited.Although the introduction of the Civil Code brings the personal information of citizens into the scope of legal protection,it provides the legal basis for the protection of personal information in our country.However,the provisions of the Civil Code are more general and must be combined with the Personal Information Protection Law in order to play a full role in responding to public health emergencies.How to strengthen personal information protection and balance public and personal interests is a major challenge to deal with public health emergencies under the continuous mutation of the novel coronavirus.By analyzing the activities involving personal information in the frequent public health emergencies in recent years,we can find some problems.First of all,the collection,storage,use,disclosure of personal information scope is not clear,relatively fuzzy.Secondly,the protection of personal information by state organs is not perfect enough,and citizens’ rights to deal with personal information are limited.Finally,our country personal information tort damage compensation standard is too low.The legislation of our country does not provide in detail for the protection of personal information in public health emergencies.In the process of processing personal information,infringement of personal information in the name of public interest often appears.Therefore,we hope to study the existing problems of personal information protection in public health emergencies,relying on the classic case of Chinese law at the present stage and combining with the current research in academia to analyze the deficiencies,and give some suggestions on improving the protection of personal information in public health emergencies.The scope of personal information processing should be defined from two dimensions: adherence to the principle of minimum scope and personal data desensitization.In the aspect of balancing public interests and personal interests,the protection of personal interests can be realized by strictly limiting the limit of public power in handling personal information,improving the legal system of personal information protection and strengthening the right to know and the right to delete requests in handling personal information activities.Finally,the compensation for personal information infringement of property and mental damage should be strengthened to ensure the smooth operation of the personal information protection system.
Keywords/Search Tags:public health emergency, Personal information protection, Personal gain, Tort damages
PDF Full Text Request
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