On The Basis Of Public Health Legality Of Personal Information Processing

With the development of new technologies,Frequent personal data security incidents,and the protection of personal data has gradually increased.The Civil Code of the People’s Republic of China provides for the protection of personal data,Article1035 sets the conditions necessary to have the conditions necessary,in which paragraph 1,the book is defined by the exception that does not need to be contemplated.However,the current laws and administrative regulations on personal data protection are required to deal with personal data needs to get the agreement of the data subject.,such as the Consumer Rights Protection Law of the People’s Republic of China Article 29,paragraph 1,The Cybersecurity Law of the People’s Republic of China Article 41 stipulates that data processors must get agreement before processing personal data.It can be seen that the processing of personal data still requires consent as a necessary condition.Article 1036 of the Civil Code stipulates that there is no need to assume civil liability,one is to maintain public interest,rationally implement behavior,based on the aforementioned analysis,agree to handle one of the necessary conditions for personal information.Based on public Interests cannot handle personal data,how do you apply anything else?Based on this,from the perspective of personal data itself,legal external system coordination,and inner value tendency,data processor can process personal data based on public interest.Based on this paper,it is mainly composed of the following three chapters:The first chapter mainly demonstrates public interest as the cause of the lawfulness of individual data,and how the public interest range is defined.Personal data processing involves public interest,to ensure civil code mutual coordination between the internal system,and better be governed by the provisions of article 1036 of the exemption clause,and the value orientation of The Constitution,data processor can handle personal data based on public interest,no need to make agreed.The connotation of public interest is blurred,according to the "circle" theory put forward by German scholars,public interest is defined,that is,the negative standard of "circle" is public interest.This is mainly in two aspects.One is non-isolation in space,and the other is a certain majority in quantity.That is,the majority is not specified.Public interests have different types,public health is proposed as one of the specific circumstances of public interest in the field of personal data protection.The second chapter mainly demonstrates the legitimacy of public health as a legal basis.Public health involves the health and safety of life,meeting the needs of more prominent right to know,and the health care industry is not a specific interest,so public health is in line with the public interest.Even so,it does not represent all the behavior of personal information,there is no need to obtain the consent of the data entity,and it is necessary to judge the requirements.The behavior of handling personal data in public health events must be necessary to protect natural people’s lives and social integral interests,and specific can be divided into two situations.One is based on the epidemiological Investigation,and the other is based on scientific research purposes.The third chapter mainly discusses the personal data handling norms in public health event.Article 1036,Paragraph 1,Item 3 of the Civil Code stipulates the exemption clause for handling personal data,which includes two parts,one is to protect the public interest,and the other is to be implemented reasonably.Only the above two parts are all met,the behavior talent does not need to be responsible.The aforementioned two parts have demonstrated that the processing of personal datain public health incidents has a relief clause,and it needs to be reasonably implemented to achieve an exemption.Data processors should strictly adhere to the principle of purpose limitation.Strengthen the principle of minimum necessity,data processor should also improve the application of specific rules,such as adopting encryption and desensitization measures to improve the transparency of information processing.Only in this way can realize the legal effects that deal with personal data to achieve exemption.