Research On The Collection Of Personal Information By The Government In Emergencies

In the information age,the government often uses big data technology to collect a large amount of personal information in order to respond to many emergencies.Given the special nature of emergencies and the urgency of the government’s exercise of power,the authority,procedures,and scope of the government’s collection of personal information also have special characteristics.Looking at the current legal system in China,the emergency legal system provides for large-scale emergency response measures,but does not focus on the protection of personal information in emergency response,especially the problems that arise in the process of collecting personal information led by the government.At the same time,the legal system of personal information protection also does not provide for the focus of the government as a special subject in the process of collecting personal information during emergencies.The legal regulation of the government’s collection of personal information in emergencies and the legal system of personal information protection are not effectively connected,which has led to many violations of personal information rights without effective remedies for individuals.The government has the right to collect personal information to protect the public interest during emergencies.However,due to the variety of factors that trigger emergencies,it is impossible for the law to enumerate them exhaustively,leaving the enforcement authority with a considerable range of freedom to deal with them.This affirms that the government has discretionary power to collect personal information in emergencies,and therefore the government can exercise its power according to basic principles in the absence of explicit legal provisions empowering it to do so.Due to the urgency of collecting personal information by the government in emergencies,many problems have arisen in the process of governmental exercise of power.The alienation of the “inform-consent” system and the deviation from the principle of procedural due process have led to the duplication and excessive collection of personal information by the government,which is an infringement of personal information.Therefore,the application of the principle of proportionality to the collection of personal information by the government is even more important in the absence of a clear legal provision.The natural unequal relationship between individuals and the government and the danger of emergencies enhance the compulsory collection of personal information by the government in emergencies.In the face of the government’s compulsory collection behavior and the widespread use of big data technology,the rights of personal information are infringed,and the protection of personal information should be strengthened at this time.The principle of proportionality,as an imperial clause in administrative law,plays an important role in regulating the government’s collection of personal information in emergencies.The collection of personal information by the government in emergencies should be consistent with the purpose of rescue,early warning,rescue and relief,and should limit the rights of personal information to the minimum extent possible,and the means and results should be proportional to each other.