Research On Protection Of Personal Information Under Public Health Emergency Administrative Law

With the development of Internet technology,China’s informatization and digitalization are developing rapidly,and the digital scene is integrated into all aspects of personal life and work.Whether it is a traditional enterprise,or a different type of Internet platform that is in full swing,or even a government agency as a representative of public interest,it affects the lives of individuals under the digital society through the collection,analysis,processing and decision-making of personal information.In the outbreak of the novel coronavirus in 2019,personal information was used in epidemic level early warning,epidemic risk research and judgment,emergency decision-making,etc.Local governments used modern data technology to use health codes,green passes,release flow reports and other methods to deal with public health emergencies.On the one hand,this technology The technique increases the accuracy of prevention and control,but also exposes some problems.Dealing with public health emergencies is not only a test of the government’s ability to respond to crises,but also a good opportunity to promote the continuous development of China’s emergency legal system.Therefore,in order to make better use of information,reduce the problems arising in the process of information utilization,and protect the legitimate rights and interests of citizens,this article mainly studies the administrative law protection of personal information in public health emergencies through the following four parts.The first part is an overview of the basic theories of the protection of personal information under the administrative law of public health emergencies.This part first analyzes the concept of personal information under public health emergencies,and distinguishes with similar concepts,analyzes the difference between personal information under public health emergencies and personal information under normal circumstances;Secondly,by analyzing the theoretical support of administrative law protection of personal information under public health emergencies,the compliance of administrative law protection of personal information under public health emergencies is obtained.Finally,by exploring the differences between the protection of personal privacy in the field of civil law and other legal protection,the advantages of the current administrative law protection of personal information in our country are obtained.The second part puts forward the present situation and problems of personal information administrative law protection under public health emergencies.First,there are problems in information collection in public emergencies: diversified information collection subjects and unclear information collection scope;Second,there are problems in the use of information in public emergencies: specific rules of information use are missing,and the level of personal information utilization by local governments is different.The third is the problems of information disclosure in public emergencies: the subject of information disclosure is not clear,the content standard of information disclosure is not uniform;The fourth is the problem of information preservation in public emergencies;The fifth is the absence of government supervision of personal information in public health emergencies;The sixth is that the administrative relief for personal information protection in public health emergencies is not smooth: the administrative reconsideration mechanism for personal information damage is not perfect,and the administrative litigation mechanism for personal information damage is not perfect.The third part clarifies the principles of administrative law protection of personal information in public health emergencies,centering on: First,the principle of legal retention,personal information as an important content of the Constitution to protect the basic rights of citizens,when personal information is collected,even for the needs of public interests,the principle of legal retention should be applied,that is,according to the relevant provisions of China’s Legislation Law.Second,the principle of legal processing requires that the subject of information processing must comply with legal provisions,suitable subjects such as medical institutions,health administrative units,etc.,do not exclude capable enterprises to provide technical support in response to public health emergencies.Third,the principle of proportionality,people unanimously express the appropriateness,balance,necessity,and expand the discussion of the above three characteristics.Fourth,the principle of due process,the government should first inform the reason for the collection of information,including the legal basis,the rights and interests of the information subject and remedies and other specific matters,which can reduce the fear of the collected subject to a certain extent,protect the rights and interests of the information subject,and restrict the power of the government.The paper discusses the principles of information disclosure and public participation.Fifth,the principle of the unification of power and responsibility,the principle of "who collects,who is responsible",the responsibility is assigned to the subject of collection,and the burden of proof is suggested to adopt the principle of "reversing the burden of proof",in the case of infringement of personal information rights and interests,the burden of proof is borne by government agencies and other information processors.The fourth part puts forward suggestions on the protection of personal information in public health emergencies by administrative law.First,clarify the standards for information collection in public health emergencies,such as clarifying the subject of information collection and standardizing the scope of information collection.Second,to clarify the standards for the use of information in public health emergencies,such as improving the specific rules for the use of personal information,to strengthen the ability of local governments to use personal information;Thirdly,standardize the standards of information disclosure in public health emergencies,such as clarifying the subject of information disclosure and standardizing the content of information disclosure;Fourth,the government strengthens the supervision on the protection of personal information;Fifth,to realize multi-channel legal relief,such as introducing administrative public interest litigation system,improving administrative reconsideration and administrative litigation.