A Study On The Risks Of Health Code Application In Practice And Its Legal Regulation

Against the backdrop of the new pneumonia epidemic ravaging the country,the health code application is a digital product designed and developed by administrative authorities using digital technologies such as big data,intelligent positioning and cloud computing,using Tencent and We Chat as access platforms,in response to the policy requirement of precise epidemic prevention and the practical requirement of resuming work and school.Since the introduction of the health code application,after many rounds of planning and iterations of the central and local versions,the health code application at the national level with the national government service platform as the carrier and the local health code application independently developed by each province co-exist,constituting the dual model structure of the central and local health code application system.Although the health code application is a temporary product of emergency administration,in practice it has become a major tool for digital epidemic prevention by virtue of its powerful risk prevention and accurate identification function.However,due to the shackles of current jurisprudence and administrative law practice,its legal status and legal functions have not yet been fully clarified,and there are divergent views on its legal attributes and behavioural nature.In practice,there is a risk of misconduct in terms of information protection,due process and behavioural relief.This paper divides the act of generating health codes into links,and by sorting out the current situation of the practice of health code application,corresponds the risks of practice with the act of generating health codes,and combines traditional administrative theory and new administrative practice,advocates that the act of generating health codes is an independent administrative confirmation act.In this way,the paper proposes targeted regulatory paths and legal remedies to address the various risks in practice.In the introductory part,firstly,this paper introduces the research background and significance of health code application.Secondly,it outlines the current status of research done by domestic scholars on the application of health codes in terms of technical principles,legal attributes and application issues.In the context of the nationwide epidemic of Newcastle Pneumonia,the relationship between the protection of the legitimate rights and interests of the relatives and the improvement of the administrative efficiency of the administrative organs is of value at both the theoretical and practical levels.The second chapter starts with the act of health code generation and divides the act of health code generation into stages according to the order in which administrative acts are performed.In this way,the act of health code generation can be divided into four specific stages: the process of setting health information standards,the process of integrating health information,the process of researching and judging health information,and the process of issuing health information.An administrative process theory perspective on the act of generating health codes can identify both the links between the various components and the relevance of each component to the act of generating,in order to seek the logical integrity and smoothness of the administrative act.On this basis,from the viewpoint of defining the health code generating act as an administrative rating act,the theoretical controversy arises as to whether the health code generating act is a legal act or a factual act,and then by exploring the relationship between "the health code generating act" and the "subsequent acts based on the generating act This paper explores the relationship between the "health code generating act" and "the subsequent act based on the generating act" to find the crux of the controversy,i.e.whether the subsequent act due to the generated health code is a health code generating act or not,in short,whether the generating act exists independently of the subsequent act and has a corresponding independent value.This paper concludes that the act of generating a health code is independent of the subsequent act and has an independent value,based on the relationship between the generating act and the subsequent act and the effect of each act.On this basis,this article follows the paradigm of administrative behaviour research and takes the conceptual characteristics of administrative behaviour as the starting point of the argument,clarifying the legal attributes of the act of health code generation as an administrative confirmation act.The third chapter looks at the practical risks of health code application,taking the practical risks of health code application in reality as a problem-oriented approach,and using each segment as a corresponding interval for risk generation to explore the root causes of the practical risks of health code application through segmentation.Specifically,in the collection process,there is a risk of personal information being violated in the collection process due to the unrestricted purpose of information collection and the limitations of information storage technology.In the research and evaluation process,the existence of algorithmic embedding,algorithmic black boxes and algorithmic bias in the automated system leads to a loss of participation,openness and neutrality in the process as required by administrative law,which in turn leads to a hollowing out of the entire due process.In the issuance process,the absence of secondary accounting for the results of code assignment and the inefficiency of the channels of redress for incorrect code assignment lead to the limitation of the means of redress.In this paper,the risks arising from the application of health codes in practice are linked together in the act of generating health codes,and by sorting out and summarising the root causes of the risks in the application of health codes in practice,the paper provides guidance for the subsequent regulation of the risks.The fourth chapter,based on the practical risks revealed by the health code generating behavior,combined with the existing legal regulation system,proposes the examination of proportionality,the implantation of technical due process,the construction of a comprehensive relief system and other regulation methods respectively.In particular,the "four steps" of the principle of proportionality is used as the theory of regulation for the infringement of personal information,and the four aspects of justifiability of purpose,appropriateness,necessity and balance are regulated in order to strengthen the protection of personal information.With regard to the overriding of due process,technical due process is used as the theoretical basis to pursue procedural justice through specific regulatory measures such as algorithmic impact assessment,understandable algorithmic interpretation,and algorithmic review and algorithmic audit.In terms of restricted remedies,the construction of an algorithmic error correction mechanism and the clarification of the administrative justiciability of health code generation acts are used as a means of ex ante and ex post remedies.Thus,this paper provides a complete account of the legal measures to regulate the risks of health code applications in practice.