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Is the Public Security Bureau responsible for the diversion?
As the epidemic continues, many people are more afraid of personal information being leaked during the epidemic than in COVID-19.
On the one hand, citizens actively cooperate with relevant government departments to carry out epidemiological investigations, on the other hand, they suffer from the disclosure of personal information. Epidemiological information mainly includes personal basic information, disease health information, social relationship information, behavior trajectory information and so on. Because it involves a lot of personal privacy, the flow adjustment work needs to be kept secret all the time. According to the incomplete statistics of relevant institutions, there have been more than ten incidents of streaming media information leakage so far, which has caused widespread anxiety in society.
The specific staff, the directly responsible person in charge and other directly responsible personnel who disclose personal information shall bear corresponding civil, administrative and even criminal responsibilities according to the Personal Information Protection Law.
Zhang Xinbao, a professor at Renmin University of China Law School and vice president of china law society Network Information Law Research Association, has devoted himself to the research of personal information protection for many years, and also participated in the legislative work of the Personal Information Protection Law. He believes that according to the provisions of the Personal Information Protection Law, in order to cope with the epidemic, the management department has the right to process (including collecting) the personal information of relevant individuals without personal consent. But there must be a premise that it is used for a specific purpose and has the obligation of confidentiality. In any link of publicity, relevant responsible personnel and units should bear legal responsibilities including criminal responsibilities according to law.
Legal basis:
Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases
Article 42 In the event of an outbreak or epidemic of infectious diseases, the local people's governments at or above the county level shall immediately organize forces to carry out prevention and control in accordance with the prevention and control plan and cut off the transmission route of infectious diseases. When necessary, the following emergency measures can be taken and announced after being approved by the people's government at the next higher level: (1) restricting or stopping performances in markets, theaters or other places where people gather; (2) suspension of work, business or classes; (three) closed or sealed public drinking water sources, food and related items contaminated by infectious disease pathogens; (4) controlling or culling wild animals, domestic animals and poultry infected with the epidemic; (five) closed places that may cause the spread of infectious diseases.
Article 45 In the event of an outbreak or epidemic of infectious diseases, the State Council has the right to urgently mobilize personnel or reserve materials and temporarily requisition houses, vehicles and related facilities and equipment throughout the country or across provinces, autonomous regions and municipalities directly under the Central Government.
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