The Dilemma And Way Out Of Sensitive Personal Information Protection During The Epidemic

During the epidemic,a large number of incidents of leakage of sensitive personal information occurred,and the protection of sensitive personal information is urgent.The promulgation of the "Personal Information Protection Law(Draft)" has made corresponding provisions for sensitive personal information,but its protection of sensitive personal information during the epidemic is still blank.Legislation should combine the"Law on the Prevention and Control of Infectious Diseases","Regulations on Public Health Emergencies" and other laws and regulations to provide more comprehensive and detailed regulations on the protection of sensitive personal information during the epidemic.In the process of collecting and using sensitive personal information during the epidemic,there are factors such as insufficient legislation,lack of experience of law enforcement,and irregular law enforcement processes,which put the protection of sensitive personal information into various dilemmas.It is necessary to improve legislation,provide administrative protection,and combine Digital technology to protect sensitive personal information during the epidemic.The first part of this article analyzes the connotation of sensitive personal information during the epidemic.The draft "Personal Information Protection Law" was promulgated,stipulating the concept of sensitive personal information.This section interprets the relevant provisions of the draft "Personal Information Protection Law" based on the perspective of the epidemic.According to practice,summarize the characteristics of sensitive personal information during the epidemic,and distinguish the difference between sensitive personal information during the epidemic and sensitive personal information during the non-epidemic period.In addition,the European Union and the United States have also introduced bills for the protection of sensitive personal information during the epidemic.This section will also analyze and evaluate the connotations of related concepts in the bills.The second part of this article analyzes the legal basis for the protection of sensitive personal information during the epidemic.This section will demonstrate the justification and legalization basis for the protection of sensitive personal information during the epidemic from three aspects:personality rights theory,domain theory,interest measurement,and trust theory.The author believes that according to the theory of personality rights,it is first necessary to confirm that the right of personal information is a right of personality,and confirm that the right of personality will not hinder the economic value of personal information products.Only in this way can we better protect sensitive personal information during the epidemic.In addition,the author also draws on the territorial theory and interest measurement in German civil law to discuss the boundary of sensitive personal information;draws on the trust principle in traditional private law,and analyzes the legal basis from the perspective of social function.The third part of this article analyzes the dilemma of sensitive personal information protection during the epidemic.In the stage of collecting sensitive personal information,problems such as inconcentration of administrative power,improper administrative law enforcement,and private information collection by non-public power subjects are prone to arise.In the stage of using sensitive personal information,there are often problems such as leaks of information by insiders,irregular information disclosure procedures,and easy regional discrimination.The fourth part of this article analyzes the perfect path for the protection of sensitive personal information during the epidemic.The third part analyzes the dilemma of sensitive personal information protection during the epidemic.This part will address the dilemma of the third part and try to improve the protection of sensitive personal information during the epidemic in terms of improving legislation,administrative protection,and standardizing the application of digital technology.