Research On Administrative Law Protection Of Personal Information In Sudden Public Health Incidents

With the rapid development of big data technology,the digital trend of personal information is becoming more and more obvious,and the use of personal information by administrative entities in public affairs is becoming more and more normal,and at the same time,the protection of citizens’ personal information rights has also become the focus of attention in theoretical and practical circles.Personal information provides data support for administrative entities’ epidemic prevention and control work under public health emergencies and has great value,but while administrative entities need to collect,use,and manage citizens’ personal information for epidemic prevention and control,serious adverse phenomena such as personal information leakage caused by abuse of power or improper management not only damage citizens’ lawful rights and interests and the credibility of administrative entities,but also undermine the stability of legal order.Compared with personal information under normalization,personal information under public health emergencies has both "suprapersonal legal interests" and "public interests",and balancing the conflicting relationship between government public management needs and private interest protection is the proper meaning of constructing a personal information protection system under public health emergencies.At present,the new Personal Information Protection Law has been in force for more than a year,and it is imperative to systematically study the protection of personal information in public health emergencies.Based on the practice and theory of the protection of personal information administrative law,this paper discusses the balance between public interests and personal interests under public health emergencies.Firstly,starting from the basic theory of administrative law protection of personal information under public health emergencies,the concept and characteristics of public health emergencies are expounded,the definition of the meaning of personal information and the analysis of other concepts,the characteristics of personal information administrative law protection,the difference from other legal protection,and the necessity of protection.Secondly,this paper analyzes the current situation of administrative law protection of personal information under public health emergencies at the levels of legislation,law enforcement and remedies.Furthermore,the dilemma of personal information administrative law protection under public health emergencies is proposed and analyzed: at the legislative level,the basis for the qualification of law enforcement entities is not clear,the personal information destruction system is not perfect,and the administrative infringement punishment mechanism is not perfect;At the law enforcement level,the information management model is rigid,the scope of information disclosure is ambiguous,and the information management process is chaotic;At the remedy level,the remedies for ordinary infringement are not smooth,the remedy system for minor infringement is not perfect,and the administrative supervision mechanism is not perfect.Finally,adhere to the problem-oriented approach,clarify the basis for the qualification of law enforcement entities at the legislative level in key areas,construct a personal information destruction system,and improve the punishment mechanism for administrative infringement;Explore dynamic information management,clarify the scope of information disclosure,and standardize the information management process at the level of regulating the behavior of administrative entities;At the level of improving the administrative remedy system,expand the remedies for ordinary infringement,improve the remedy system for minor infringement,and improve the administrative supervision mechanism.In order to provide reasonable suggestions for the construction of administrative law protection system for personal information under public health emergencies in China.