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Protection Of Personal Information Rights And Interests In Public Health Incidents

Posted on:2024-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2556307049452914Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the world is suffering from public health incidents to people’s property safety and life and health intrusion,China has adopted scientific security technology and means,and its contribution to public health is attracting worldwide attention.At the same time,the people of our country transfer personal interests,based on public interest considerations,some staff members have broken through the principle of notification and consent when collecting and using personal information,but protecting the public interest does not mean ignoring the protection of personal information rights and interests,and China also protects the rights and interests of individuals under the premise of protecting the public interest.However,in public health incidents,it still has a series of problems,such as unclear subjects for personal information disclosure,difficulties in protecting the rights of injured persons,and lack of supervision by specialized departments.On the basis of existing laws and regulations,we can further refine the application of laws and regulations,making them more specific in legislation,judiciary and law enforcement.This article,excluding the introduction,is mainly composed of the following four parts.The first part concerned the framework of the rights and interests of personal information.First,start with personal information and related concepts,and analyze and classify it;Secondly,the concept of public health emergencies and its characters.In the end,clarify how to protect it faced with the situation in public health incidents will encounter some challenges,and the possibility of infringement of rights and interests is greater than that of daily life,and it is must be protect while using personal information.The second part is the condition and matters of the safeguard procedures of personal information rights and interests in public health incidents.This thesis analyzes and argues the current status of public law and private law protection,the current situation of practice in judicial protection and the current situation of law enforcement in the current legislation,and draw a conclusion that the protection of personal information rights and interests in public health incidents is not standardized enough for the subject of information collection and publication in legislation,there is a dilemma of difficulty in presenting evidence in the judiciary,and there are currently problems of insufficient information sharing and lack of special institutions for personal information protection in law enforcement.The third part is study related the protection of personal information rights and interests in public health incidents in the United States and the European Union through comparative law research,and combines it with China’s national conditions to put forward suggestions on establishing a special supervision agency for personal information protection,strengthening industry self-discipline and increasing international communication and cooperation.The fourth part is specific means of how to protect it in public health incidents.In legislation,the principles for handling personal information in public health incidents shall be clarified,and the necessity,legitimacy and necessary limits shall be grasped;The entities that collect personal information in public health incidents shall also be identified and relevant postevent handling measures shall be established.In the judicial field,the application of personal information infringement requirements shall be regulated,and the public interest litigation system shall be improved.In terms of law enforcement,the government has strengthened information sharing and carried out situational dynamic law enforcement.
Keywords/Search Tags:Personal information, Public health events, Rights and interests protection
PDF Full Text Request
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