On The Conflict And Coordination Between Citizens’ Right To Privacy And The Public’s Right To Know Under The Epidemic Prevention And Control

In traditional China,due to the influence of Confucian collectivist values such as "benevolence loves others" and "harmony",people put more emphasis on safeguarding national interests,collective interests and the interests of others,but did not pay much attention to safeguarding the right to privacy.Until China’s reform and opening up,with the awakening of people’s self-consciousness,they began to pay attention to the right to privacy,and the country gradually began to pay attention to the protection of the right to privacy.The "General Principles of Civil Law" formulated in 1986 only categorizes the right of privacy as the right of spiritual personality.It was not until the promulgation of the Civil Code in 2020 that the right to privacy was listed and recognized separately,and the civil law protection of the right to privacy has made great progress.However,the laws and regulations on the protection of privacy rights are still relatively scattered,and the privacy protection of citizens is lacking.In the current stage of epidemic prevention and control,big data is widely used.The wide application of big data public information has greatly promoted the real-time communication and sharing of epidemic prevention and control information,which has played a great role in improving the efficiency of epidemic prevention and control and satisfying the public’s right to know.However,some state organs,institutions and enterprises improperly collect and disclose citizens’ personal information,which also results in the leakage of citizens’ personal information.And the personal information obtained from human flesh search is sold or fraudulently used relevant citizens’ information,committing illegal and criminal acts,violating citizens’ privacy rights,and causing various troubles and losses to citizens.How to improve the efficiency of epidemic prevention and control,balance the relationship between citizens’ right to privacy and the public’s right to know,and resolve the conflict between citizens’ right to privacy and the public’s right to know,this article intends to conduct a more in-depth discussion on this.This paper is divided into three parts in structure.The first part defines the citizen’s right to privacy and the public’s right to know through the literature research method,analyzes the characteristics of the citizen’s right to privacy under the epidemic prevention and control compared with the traditional citizen’s right to privacy,and concludes that the citizen’s privacy under the epidemic prevention and control the reasons for the limitation of rights and their boundaries.The second part,through normative analysis and empirical analysis,starts with four typical cases: the case of a woman diagnosed in Chengdu who suffered from Internet violence,the incident of consumers purchasing imported white shrimp in Chongqing,the incident of the poison king in Zhengzhou,and the incident of Mrs.Mao in Nanjing.,analyzes the reasons and essence of the conflict between citizens’ right to privacy and the public’s right to know under epidemic prevention and control,and the third part proposes to resolve the conflict between citizens’ right to privacy and the public’s right to know under epidemic prevention and control.The principles that must be followed in the conflict of the right to know and the corresponding countermeasures.