传染病防治中个人信息保护法律制度的建构- 以隐私权保护模式与个人信息自决权保护模式的比较为视角 -

The privacy protection mode of personal information can not meet the needs of personal information protection and use today. The theory of the right of self-determination of personal information holds that personal information should be protected, but its protection and use should be balanced. It is also necessary to protect personal information in the prevention and control of infectious diseases. Due to the particularity of the field of infectious disease prevention and control, it is better to protect personal information more strictly. The restriction of personal information protection and the limit of the restriction should be combined with the special subject, purpose and scope of information use in the field etc. In China, as the legal documents regulating the prevention and control of infectious diseases, the protection of personal information still adopts the mode of privacy protection. This leads to the imbalance between the protection and use of personal information in epidemic prevention and control. Looking forward to the future, in the field of infectious diseases prevention and control in China, it is best to establish the relevant detailed rules for personal information protection and use according to the theory of personal information self-determination and the actual needs of epidemic prevention and control. Specifically, in the stage of personal information collection, legislation should clarify the main body of personal information collection, and distinguish the scope of personal information that should be focused on collection in different types of infectious diseases prevention and control. In the use stage of personal information, the anonymization requirements of personal information use should be strictly enforced, and relevant examples and standards for anonymization should be provided. In addition, it is necessary to open the application authority of infectious diseases and public health emergency monitoring information system, and promote the sharing of personal information among departments. Finally, legislation should require the establishment of the personnel who are responsible for personal information, and establish a personal information security mechanism in advance, during and after the event throughout the life cycle of personal information.