Conflict And Coordination Between Right To Know And Right To Privacy In Public Health Emergencies

In essence,the right to know is an expansionary and offensive right,while the right to privacy is a closed and defensive right.The natural antagonism between the right to know and the right to privacy determines the inevitable conflict between the two.The outbreak of public health emergencies has intensified the conflict between the two.In the prevention and control of major infectious diseases,relevant government departments ensure the public’s right to know by timely and comprehensively disclosing the information of confirmed patients,and ensure the precise and orderly progress of epidemic prevention and control.However,with the disclosure of information about the epidemic,patients’ privacy leaks also occur frequently.The public conducts "human flesh search" on confirmed patients through the information released in the report,arbitrarily mining and spreading patients’personal privacy,which brings serious impact on patients’ work and life.In addition,by sorting out the current situation of Chinese legislation,it can be seen that the legislation related to the prevention and control of major infectious diseases is not sound,and the provisions on the protection of the right to know and the right to privacy in the existing laws and regulations are also general and abstract,lacking effective guidance for the problems existing in practice.However,conflicts are not absolute.In order to properly coordinate the contradictions and conflicts between patients’ right to privacy and the public’s right to know,the basic principles of right coordination must be followed,such as the principle of public interest priority and the principle of proportionality,etc.In terms of legislation,it is more important to improve relevant legal norms,speed up special legislation,refine relevant provisions on right protection,and clarify the boundary of rights.To ensure the disclosure of epidemic information to ensure the public’s right to know,while avoiding excessive disclosure of information to infringe on the privacy of patients.This paper firstly combs the basic theories of the right to know and the right to privacy,which lays a theoretical foundation for the following research.The second part discuses the concrete manifestation of the conflict between the right to privacy and the right to know in reality.It makes clear that the arrival of public health emergencies intensifies the conflict between the right to know and the right to privacy,and analyzes the reasons for the intensified conflict.And analyzed.The third part of this paper mainly combs the current laws and regulations related to public health emergencies,analyzes the current situation of the protection of the right to privacy and the right to know,and clarifies the existing problems in the legislation.The last part of this paper provides ideas for conflict resolution from two aspects of the basic principles and specific measures of conflict coordination,so as to provide practical ways to coordinate the conflict between the right to know and the right to privacy in epidemic prevention and control,so as to provide a balanced protection for both.