Collection,Utilization And Legal Regulation Of Personal Information In Public Health Events

The "COVID-19" epidemic broke out in 2020,and local governments took various measures to deal with the spread of the epidemic and achieved good results.Behind the successful experience of controlling the spread of the epidemic,it is inseparable from the massive collection and large-scale use of personal information by the government.Although personal information plays a vital role in the governance of public health events,especially the "COVID-19" epidemic,how to collect and utilize personal information in an orderly manner is still pending.Under the normal social order,the tension between the government’s collection and utilization of personal information and citizens’ information rights is not obvious.However,in public health events,personal information tends to be open,the government’s public power expands in an all-around way,and individual rights are relatively reduced.How to balance public interests and individual rights and draw reasonable boundaries between the protection and utilization of personal information causes people to think.However,China’s current legal system pays more attention to how to realize citizens’ self-control over their personal information,and the regulations on the collection and utilization of personal information by the government and other public authorities are blank.In public health incidents,there are almost no effective regulations on whether the government or non-public power subjects can collect and utilize personal information and how to collect and utilize personal information.Based on the above situation,under the research system of law methodology,this paper will analyze the current situation of legislation and practice of personal information collection and utilization in public health events,straighten out the actual situation of personal information collection and utilization in public health events,specifically analyze the legal basis and rational basis of personal information collection and utilization in public health events in China,and summarize the severe challenges in collecting and utilizing personal information in abnormal public health events,such as difficulty in giving clear principles in collecting and utilizing personal information;Unbalanced allocation of power and obligation;Inapplication of existing legal rules;The lack of relevant legislation and so on.On this basis,it explores how to coordinate the protection and utilization of personal information,balance the multiple values represented by personal information,explore the legal regulatory framework for collecting and utilizing personal information in the face of public health events that can adapt to China’s national conditions,and give suggestions from three aspects: conceptual principles,legal system,and specific institutional framework.Following the concepts of social standard,pluralistic governance,and balancing public interests and personal interests.Abide by the principles of emergency rule of law,risk prevention,and proportion,establish a three-dimensional system of combining rigidity with softness at three levels: law,policy,and agreement.Clarify the current situation of diversification of subjects collecting and using personal information in public health events and the rules that should be observed,strictly regulate the collection and use of personal information,and set up special supervision organs to realize the idealized state of personal information protection in public health events.