| Since the outbreak of COVID-19 in late 2019,after three years of difficult figuting time,now that the COVID-19 epidemic is coming to an end,we have made great achievements in the fight against the epidemic in the past three years.A series of measures have been effective in preventing the spread of the epidemic when the virus is very dangerous.But at the same time,there are some problems,one of the more prominent is in the protection of personal information appeared a series of problems.The timely collection,processing and disclosure of personal information related to the epidemic is a very important reason for China’s remarkable epidemic prevention and control results,multiple information collection entities perform the collection and troubleshooting function on each node,a compulsory personal information registration node will be set up at each regional transport hub,personnel entering the jurisdiction must scan the QR code and show the travel code to fill in the personal information registration,the individual’s name,ID number,home address and travel information are all included in the submission.In the event of a new outbreak of infection,the administrative departments of public health at various levels shall be obliged to release to the public information on emergencies within their respective administrative areas,we are also able to receive timely streaming information of infected people on various public social media platforms.However,while this disclosure of information has brought great benefits in controlling the epidemic,it has also brought some negative effects,for example,the subject of information collection and processing is more complex,and the collection content is extensive.Compared to non-pandemic times,this is a level of disclosure that was previously hard to visualize.At the same time,at the end of prevention and control,the public also have a heated discussion about how the government deals with the personal information collected by the public during the prevention and control period,as well as the small procedures used to collect personal information and the future of the big data platform,at this stage,we should pay more attention to the withdrawal of the personal information collection process after the emergency,the destruction process of the personal information collected and how to punish the subjects who mishandle the personal information during the prevention and control.The innovation of this paper is that the essence of the collection and utilization of personal information for epidemic prevention and control is the exercise of administrative emergency power,this paper puts forward that the relief measures for the damage of citizens’ personal information-related rights in emergencies should start from the supervision and perfection of the exercise of the administrative emergency power.This paper analyzes the current situation of the use of personal information in epidemic prevention and control and the impact of various prevention and control measures on the rights of entities related to personal information through case study and demonstration method.The main reasons for the infringement of the rights of entities related to personal information are the absence of detailed rules for personal information collection under emergency conditions,the lack of legal ability and enforcement of personal information utilization of the collection subject and the information collection by some unauthorized subjects.The author believes that the existing problems should be solved from the aspects of perfecting the relevant laws and regulations on personal information processing in emergency state,attaching importance to the multi-channel relief mechanism of personal information,and establishing and perfecting the withdrawal mechanism of personal information processing after the end of emergency,so as to provide reference for the legal protection of personal information in future public health emergencies. |
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