Research On Personal Information Protection In Epidemic Prevention And Control Of Infectious Diseases

It has been more than three years since the outbreak of novel coronavirus infection at the end of 2019.Although novel coronavirus infection has entered a low epidemic level,the risk of the prevalence of various new infectious diseases has not decreased.There is no good solution for the lack of protection of citizens’ personal information in the prevention and control of novel coronavirus epidemic.In the future social development,it is difficult to ensure that there will be no large-scale epidemic prevention and control events of infectious diseases.Once there is a sudden epidemic prevention and control event of infectious diseases,and the current personal information protection system is not perfect,the risk of personal information rights and interests being infringed often exists.It is very urgent to establish and improve the personal information protection mechanism of citizens in epidemic prevention and control.To strengthen the protection of personal information in the prevention and control of infectious diseases,we must focus on two things.First,the particularity of personal information protection in the prevention and control of infectious disease epidemic,including the limited breakthrough of the principle of informed consent for personal information collection,the diversification of the subject of personal information collection,the complexity of personal information type and management,and the intensification of the conflict between personal information rights and interests and the right to know,etc.It is difficult to "apply the right medicine to the case" without separating from the characteristics of personal information protection in the prevention and control of infectious disease epidemic;The second is the existing laws and regulations on the protection of personal information in the prevention and control of infectious diseases in China,such as the Personal Information Protection Law,the Civil Code,the Law on the Prevention and Control of Infectious Diseases,and the Emergency Regulations for Emergencies.Ignoring the existing legal basis to talk about personal information protection in epidemic prevention and control will "seek fish from a tree".The problem of personal information protection in the prevention and control of infectious disease epidemic exists at the two levels of legislation and law enforcement.According to the particularity of personal information protection in the prevention and control of infectious disease epidemic,reviewing the existing legal provisions and law enforcement practices of personal information protection in the prevention and control of infectious disease epidemic in China,we can find that in terms of legislation,the basis of personal information protection in the prevention and control of infectious disease epidemic in China is lack of convergence,and the subject and scope of personal information collection in the prevention and control of infectious disease epidemic are unclear There are many limitations,such as the lack of personal information disposal norms in the prevention and control of infectious diseases and the imperfect relief mechanism for personal information infringement in the prevention and control of infectious diseases;In the practice of law enforcement,the conflict between public interests and personal interests in the prevention and control of infectious diseases has become prominent,and the lack of law enforcement supervision mechanism has further affected the protection of personal information in the prevention and control of infectious diseases.The experience of personal information protection in the prevention and control of infectious diseases in foreign countries,such as the establishment of a dual liability system for personal information infringement and the establishment of a personal information subject deletion right system,can provide a mirror for the protection of personal information in the prevention and control of infectious diseases in China.The protection of personal information in the prevention and control of infectious diseases should follow the principles of purposiveness,proportionality,procedural legitimacy and security,with the focus on strengthening the coordination of relevant legislation on the protection of personal information in the prevention and control of infectious diseases,clarifying the subject and scope of personal information collection in the prevention and control of infectious diseases at the legal level,and standardizing the disposal rules of personal information in the prevention and control of infectious diseases,Further improve the tort relief mechanism of personal information in the prevention and control of infectious diseases.At the same time,in the practice of law enforcement,we should strengthen the information sharing among the subjects of epidemic prevention and control of infectious diseases and the improvement of the law enforcement and supervision mechanism.