Rational Use Of Personal Information During Emergent Public Health Hazards

Social development and progress have made personal information an important asset for natural person attribute determination,and the rational use of personal information has also become the core requirement for coordinating the prevention and control of emergent public health hazards such as COVID-19.Although the use of various types of personal information has brought some benefits to epidemic prevention and control,legal practice risks at all stages must be paid attention to.The standardization of reasonable use of personal data is not optimistic,the legal system of personal information protection is not perfect,and the legal risk is prominent.In addition,the legislation of risk prevention regulations on the rational use of personal information under major emergent public health hazards in China is quite short and needs to be improved.The new Civil Code lists many general interpretations related to the reasonable use of personal information,but as a comprehensive and universal code,it does not provide corresponding general details for emergent public health hazards such as COVID-19.The emergence of such problems forces us to analyze the particularity of application in such cases separately,which reflects the distinct ’gap’ between public law and private law and the shortcomings of the application of consent principle.By analyzing Article 1035 of the Civil Code and conducting further research on the conditional regulation,we can conclude that this interpretation also contains a very similar idea to the principle of proportionality,which is in line with the guiding ideology of reasonable use of personal information in emergent public health hazards.Under the current situation of multiple prevention and control situations of emergent public health hazards,it is necessary to combine the relevant principles of Article 1035 of the Civil Code to measure and confirm the illegal use of personal information and other behavioral measures.The negative impact of a specific measure on the infringement of citizens’ personal information and the benefits of the specific measure on the prevention and control of the epidemic must be clearly defined,and then the two should be weighed.In order to define the negative impact of personal information infringement,it is necessary to accurately evaluate the ’utilization’ of personal information.Only after the personal information is measured from a certain level and Angle can appropriate legal research be carried out within a certain range according to the three important principle attributes of Article 1035 of the Civil Code.Based on the above analysis,the following three practical regulations can be summarized:First,relevant legal practitioners should learn from the existing international experience of such situations,take public interests as the starting point,and scientifically apply Article 1035 of the Civil Code to practice.Second,relevant law makers should constantly sum up experience in the use of personal information in emergent public health hazards and regulate the use of personal information based on actual cases.Third,relevant law enforcement subjects should strengthen their sense of responsibility and form representative and identifiable official law enforcement regulations.Therefore,this paper takes the rational use of personal information as the research object,analyzes the rational use path of personal in formation under emergent public health hazards from the perspective of Article 1035 of the Civil Code,and analyzes the legal premise and limits of the rational use of personal information on the basis of legal principles.In order to further study and formulate specific measures to deal with the lack of hierarchical disposal,management of privacy tort liability awareness and other problems.