Research On The Right Of Privacy Limitation Under Public Health Events

With the promulgation of the "Civil Code",my country’s legal protection of the right to privacy has opened a new starting point.Facing the global outbreak and epidemic of the new crown pneumonia,my country has adopted a series of scientific and effective prevention and control measures for the prevention and control of the epidemic.Among them,the forcible intervention in the private space and tranquility of citizens,the appropriate tracking and disclosure of personal private information,etc.,provided strong epidemic prevention support for the epidemiological investigation of the epidemic and precise epidemic prevention and control,and obtained it in a short time.It has a good prevention and control effect.This gives us a new understanding of the perspective and dimensions of the field of privacy research.Especially after comparing the anti-epidemic measures and anti-epidemic effects of various countries in the world,the limitation of privacy has become an unavoidable research focus in the discussions of all classes of society.Carrying out research on privacy restrictions under public health incidents not only has strong practical significance,but also has guiding significance for my country’s prevention and control work and policy arrangements under major infectious disease epidemics.This thesis is composed of introduction,main body and conclusion.From the perspective of the new crown pneumonia epidemic,the main content is the study of privacy restrictions under public health incidents,and combined with domestic and foreign reality observations in the epidemic prevention and control process,the legitimacy and feasibility of privacy restrictions are discussed.The above puts forward specific suggestions for the design of privacy restriction rules in the field of infectious disease prevention and control in my country.Introduction.Mainly from the current situation of privacy research in my country and the current epidemic of new crown pneumonia as the background,it leads to the current deficiencies in the field of privacy restrictions in my country,discusses the significance of the research on privacy restrictions under public health incidents,and proposes the research ideas of this article,The key issues and the significance of innovation.The first part is the examination of pre-problems review.This chapter mainly discusses the basic logical starting point of this article,including public health incidents,the basic definition of privacy restrictions under public health incidents,and the relationship between privacy restrictions and protection under public health incidents,and clarifies and locks the research objects of this article.And related pre-problems.The second part is the reality inspection of privacy restrictions under public health incidents.This chapter examines the actual situation of the epidemic prevention effectiveness of China,South Korea,Japan,Europe and the United States,and combines the epidemic prevention effects and different social actors’ opinions on the series of privacy restrictions adopted by governments in the prevention and control of the new crown pneumonia epidemic.Evaluation and analysis of social sensitivity to clarify the privacy restrictions adopted in the process of epidemic prevention and control mainly involve the specific content of privacy,and on this basis,they are typed to reveal the impact of privacy restrictions on epidemic prevention.The key role of control.The third part is the legitimacy and feasibility of privacy restrictions under public health incidents.The legitimacy of privacy restrictions is mainly explained from the following aspects.First of all,from the perspective of infectious disease prevention and control,the scientific justification of privacy restrictions is sought.Privacy restrictions have the actual needs of epidemic prevention measures and the effectiveness of prevention and control effects in the current epidemic prevention and control of the new crown pneumonia epidemic.It is an indispensable key link in the prevention and control work,and it is also a priority to protect the public interest.An inevitable choice,this is scientific justification.Secondly,from the perspective of the hierarchy of rights and the derogability of rights,we look for the theoretical justification of privacy restrictions.In the prevention and control of the new crown pneumonia epidemic,there is a certain sequence and hierarchy of restrictions and protection of the rights of subjects with limited privacy rights.The protection of the right to life and health must be better than the protection of the right to privacy,so out of the need to maintain specific rights,It is necessary to reasonably restrict related rights,which is theoretically justified.Finally,from the perspective of economic principles and the needs of national macroeconomic development for healthy human resources and a safe and stable social production order,we look for the economic legitimacy of privacy restrictions.Privacy restriction under public health incidents is a social governance method and measure,and its purpose is to achieve the increase of overall social benefits through the balance of rights.In addition,privacy restriction measures can control the trend of the epidemic in a timely and rapid manner,prevent the deterioration of the epidemic situation,and provide high-quality and healthy human resources and other resources for the country’s macroeconomic recovery in the later stage.This is economic legitimacy.The feasibility of privacy restriction is mainly explained from the following aspects.First,extract empirical references for privacy restrictions in epidemic prevention and control from the achievements and lessons of domestic and foreign new crown epidemic prevention and control.Second,the existing network information and big data technologies provide technical guarantees for privacy restrictions in epidemic prevention and control.Third,the excellent traditional culture of being kind to others,altruistic thinking,and focusing on the overall situation has accumulated a profound cultural and psychological foundation for privacy restrictions in epidemic prevention and control.The fourth part is the extraterritorial comparison and enlightenment of privacy restriction under public health incidents.First,conduct a search and comparative analysis of the legal norms of privacy restrictions in Europe,the United States,South Asia,and the Asia-Pacific region,and reveal the current status and characteristics of the legal norms of privacy restrictions in various countries,as well as the concept of privacy restrictions based on this.The epidemic prevention and control measures and effects taken in accordance with the rules.Secondly,on the basis of this comparison and analysis,we should look for the experience that can be used for reference or the deficiencies or improprieties that should be avoided in the privacy restriction under public health incidents.The fifth part is the legislative improvement suggestions for privacy restrictions under public health incidents.Based on the above explanation,the content of this chapter proposes legislative improvement suggestions for privacy restrictions under public health incidents,hoping to provide a legislative reference for improving the national public health management system.Including: One is the legislative choice regarding the privacy restriction;the second is the legislative suggestion on the principle of privacy restriction;the third is the specific rule design suggestion for the privacy restriction,such as the content,method,enforcement subject,and implementation of the privacy restriction under public health incidents.Procedure;the fourth is the legislative assumption of the limits of privacy rights.