【Study Series on Epidemic Management】Three-dimensional Balance of the Use and Protection of Epidemic-related Personal Information
Release time : 2020-07-01         Viewed : 13

Since the outbreak of the new crown epidemic, various government departments in my country have cooperated with enterprises to use big data for joint prevention and control. The registration and use of personal information in public places can effectively track the dynamics of the epidemic and implement precise prevention and control. According to the Network Security Law of the People's Republic of China and the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases and the Notice on Doing a Good Job in Protecting and Utilizing Big Data to Support Joint Prevention and Control of Personal Information issued by the Central Cyber Office on February 9 this year, etc. It is stipulated that it is legal and necessary to manually fill in the collection of personal information and health codes, but while the public cooperates with epidemic prevention and control, the legal protection system for personal information is imperfect, industry regulations are insufficient, and the awareness of personal self-information protection is not strong Problems are becoming increasingly prominent. Therefore, to analyze the problem from the three levels of legal mechanism, society and individuals, and then balance the relationship between the use and protection of personal information, balance public interests and personal privacy.

In February of this year, Jiangsu broke the first case of using the epidemic to illegally obtain personal information of citizens. Xue Moumou, a person from Lianshui County, used the urgency of the masses to buy masks, and produced and released a website called Lianshui County Protective Mask Appointment Service, and Posting the website link in WeChat, illegally obtaining more than 4,000 personal information such as citizen's name, phone number, ID number, home address, etc. In fact, it does not have a mask to collect, but just wants to take the opportunity to defraud personal information and operate it by itself Advertisement of the training center.

On April 19, the Jiaozhou Public Security Bureau of Shandong announced that during the epidemic, information on the list of people in and out of the central hospital was leaked during the epidemic, involving personal information such as name, address, contact information, and ID number. According to the relevant provisions of the Law on Public Security Administration Punishment, three people were detained in accordance with the law. This announcement caused widespread concern in the society, and the number of readings on this topic on the Weibo platform exceeded 240 million.

The Ministry of Public Security released 10 typical cases of violations of citizens’ personal information that have been detected by public security organs since 2019, and two of them involved the disclosure of citizens’ personal information in epidemic situations. According to the statistical data released by the Ministry of Public Security on April 15, since the outbreak of the New Coronary Pneumonia, public security organs across the country have imposed security penalties on 1,522 illegal persons who spread personal information about citizens affected by the epidemic online. In addition, the recent incident of China CITIC Bank pushed the issue of personal information protection to the forefront again.

With the development of society, information and technology, the legal protection of personal information has become increasingly prominent. Until now, there is no special law on the protection of personal information in my country, but it has always been concerned about the protection of personal information. The legal protection of personal information in our country mainly includes the direct protection and indirect protection of the law. Direct protection means that the law directly proposes the protection of personal information, and indirect protection means that the law proposes the protection of personal dignity and individuals Protection of personal information in areas related to personal information, such as privacy.

Through the search of the national laws and regulations database, it is found that the number of laws, regulations and judicial interpretations directly proposed to protect personal information is limited. Article 253 of the Criminal Law stipulates: In violation of relevant state regulations, selling or providing personal personal information to others, if the circumstances are serious, it shall be punished with fixed-term imprisonment of not more than three years or detention, and shall be punished with a single fine; Those sentenced to imprisonment for more than seven years and fines. Those who violate the relevant state regulations and sell, or provide to citizens the personal information obtained in the course of performing their duties or providing services, shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Those who illegally obtain citizens’ personal information by other methods shall be punished in accordance with the provisions of the first paragraph.” This is the criminal law protection of personal information. During the epidemic, the provision of personal information for improper purposes and in violation of relevant state regulations caused serious consequences. The crime of infringing citizens' personal information. There is no problem in the collection of personal information. The problem is mainly the storage and use after collection, such as whether it is properly kept, whether it is illegal to transfer personal information, etc. This is also the key to the protection of personal information. During the epidemic prevention and control period, it is also important to prevent illegal access 2. The criminal act of illegally providing citizens' personal information. During the epidemic, the number of personal information protection cases increased and information disclosure boosted crime. Therefore, if personal information is well protected, crime will also decrease.

In addition, there are laws and regulations and judicial interpretations in my country that protect personal information through indirect regulations to protect personal dignity, personal privacy and other categories related to personal information. According to the fifth paragraph of Article 68 of the Law on the Prevention and Control of Infectious Diseases, the disease prevention and control agency prohibits the deliberate disclosure of personal privacy-related information and materials of infectious disease patients, pathogen carriers, suspected infectious disease patients, and close contacts. However, this provision is too simple to express personal privacy and information, and the protection object is limited to traditional private information.

At present, there is no specific unified code for the protection of personal information in China. Therefore, the unilateral commitments made by the information controller or specific industry autonomy regulations are used to further protect personal information, thereby promoting greater development of the industry. Some comprehensive commercial websites, banking and Internet industries in China. However, there are also many problems in the self-discipline protection of personal information in the industry. The quality and quantity of the industry's autonomy norms are not balanced. The rapid development of technology is not compatible with the information security system. The industry's norms are not binding enough. During the epidemic prevention and control, a large number of individuals There are a lot of hidden dangers and practical hazards in information, especially the industry's malicious competition under the market economy.

The development of digital technologies such as big data, cloud computing, and blockchain has penetrated into all aspects of life and work. While the public is paying attention to personal gains, it is not enough to protect personal privacy and security. For example, during the “stigma” incident of returnees in Wuhan during the epidemic, due to the lack of awareness of information security protection by the epidemic prevention and control agencies, the personal information leakage of returnees was forwarded to WeChat group and spread, causing serious impact.

During the epidemic period, no legal mechanism, industry or individual can infringe personal information. Those who need to collect personal information must obtain personal consent and authorization, and those who need to disclose information must be anonymized and desensitized to fully protect the public. At the same time as the right to know, it is necessary to protect the personal information of patients diagnosed and suspected by New Coronavirus to prevent personal or property damage caused by malicious disclosure of information.

In order to meet the challenges faced by personal information security in the era of big data, we must first promote special legislative work. In addition to strengthening online network security protection, it is more important to make up for the gaps in offline information collection, preservation, and destruction, and improve individual citizens. Information legislation. The Personal Information Protection Law should clarify the protection principles, legal connotations, tort liability, etc. of personal information, be unified with laws and regulations related to information security, form a complete information security legal mechanism, and provide more adequate protection for personal information.

From a meso perspective, the Internet industry can use information encryption and other technical means to strengthen the degree of information protection. Balance the quality and quantity of industry autonomy norms, enhance industry norms binding force and self-discipline protection. In addition, industry supervision should be strengthened to form a chain management that the government urges the industry to collect, store, use, and destroy.

Finally, relying solely on the power of the government and society cannot fully protect personal information, and improve citizens' awareness of personal information security. It is also very important to popularize laws for all. The outbreak of the epidemic is a new test of the balance between public interest and individual rights. Only when everyone actively cooperates and stays out of the way can victory be achieved in epidemic prevention and control.

Copyright © Chien-Shiung Wu College 2014