Research On Legal Regulation Of Personal Information Use In Public Health Emergencies

In recent years,the state has attached great importance to protecting personal information,and the "Personal Information Protection Law of the People’s Republic of China" promulgated in 2021 directly emphasizes protecting private information rights and interests.The use of personal information plays a vital role in public health emergencies.To protect the rights and interests of personal information,it is necessary to regulate the use of personal information.However,the existing personal information protection system needs to be more mature,and it needs to be combined with the unique background of public events to make up for the defects,which is the key to balancing the use and protection of personal information.In the context of public health emergencies,to safeguard public interests,personal information has to be used,but the safety of private information rights and interests has the theoretical support of general personality interests and fundamental freedoms,and the limit of the principle of proportionality should be adhered to when using personal information.In addition,using personal information in response to public health emergencies has its particularity,and there are reasons to regulate its use.From the practical level,when dealing with public health emergencies,the form of personal information processing is vague,personal information is excessive collection and disclosure;in essence,it is an improper expansion of administrative power,and individual information rights and interests are infringed.Excessive use of personal information produces secondary infringement of reputation and property rights damage,and the actual harm to the administrative body’s credibility declines.To protect the rights and interests of personal information,continuous efforts have been made in legislation,including seeking the basis for the rights and interests of personal information from the Constitution,civil law directly protects the private interests of the rights and interests of personal information,and finally,the special law protects the rights and interests of personal information in an all-round way,and the superb legislative technology and the perfect legal system point out the direction of the protection of individual information rights and interests.The security of personal information rights and interests has achieved some success.However,there are still deficiencies in the law,such as unclear standards for the use of personal information in response to public health emergencies,vague legal responsibilities for the benefit of personal information beyond the purpose,an open system for personal information being forgotten,and inadequate supervision of the use of personal information.The lack of legal response is mainly due to the lag of the law itself.Rough provision of public interest in response to public health emergencies;Weak awareness of personal information rights and interests;A one-size-fits-all approach to using personal information.Based on the problems existing in practice and law,the standards for using personal information from different perspectives are proposed.Improve the exemption of liability and private information rights and interests of the subject of responsibility provisions,add unique information loss compensation provisions,Detailed personal information forgetting system;Improve the supervision system of personal information to achieve a balance between the use and protection of personal information in response to public health emergencies.