On June 15, many Zhengzhou car owners also reported to Du Nan that their "Yukang Code" became "red" inexplicably. Although the nucleic acid was negative, it was listed as an "entry person who is carrying out centralized or home-isolated medical observation", and even his family members were accurately "recruited"
In fact, when the Health Law was first used, the personal information protection law had not yet been promulgated. In other words, there is no legislation on obtaining personal information for the health code, but the health code issued for the needs of the epidemic. In fact, the personal information protection law is a basic law formulated with the rise of the Internet, and the application of health codes is for people's health. It can't be used for other purposes.
Whether the health code is red or green should be changed according to the personal information protection law. Personal information should follow the principle of respecting facts as the core, and "excessive collection of personal information" is strictly prohibited. But when you start using health codes. Because of the epidemic prevention and control, the health code collects personal information, which leads to a wider range of collection and has not been deleted in time. There are also some data disputes unrelated to epidemic prevention.
Government workers use health codes in other places. Moreover, it infringes on personal information, and the criminal responsibility of the relevant staff should be investigated according to the criminal law. According to Article 70 of the Regulations on the Protection of Personal Information, people's procuratorates and consumers who deal with personal information in violation of laws and regulations and infringe on many individual rights may bring a lawsuit to the people's court according to law.
Article 399 of the Criminal Law states that bending the law, a judicial officer, who lets a person who should not be persecuted be prosecuted shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If the circumstances are particularly serious and the impact is very bad, he shall be sentenced to fixed-term imprisonment of not less than ten years.
In March 2020, in response to the incident in Henan Province, the Administrative Measures for the Use of Health Codes in Henan Province was promulgated. The regulations stipulate that relevant departments at all levels, such as health, public transportation, human resources and social security, should separately count the information of key personnel involved in the epidemic and push it to the big data management department.
Health code is a two-dimensional code created by everyone's real information group. The real purpose is to prevent and control the epidemic accurately, which is specially produced for the prevention and control of the epidemic. No matter where, government workers abuse the health code for other purposes, which is a provocation to public rights, does not conform to the epidemic prevention law and damages the image of the government. Health codes can only be used for epidemic prevention and control, and must not become a "weapon" for local governments' private domain.
However, on June 15, Zhengzhou owners' "health code was inexplicably changed to red code" incident, and government staff of several departments handled relevant personal information, all of whom were suspected of abusing administrative power. Specific sentencing will also refer to the Law on the Prevention and Control of Infectious Diseases to determine the conviction of this matter. I will definitely give the masses a satisfactory answer and wait patiently.