From June 1 1, Henan depositors were forced to give red codes. People are not in Henan, as long as they have deposited money in several rural banks in Henan, they will turn red. The innocent people whose health codes suddenly turn red all have the same "identity", and they are depositors of a village bank in Henan, or people who go to Zhengzhou from all over the country.
Now everyone doesn't know the seriousness of Code Red. Going out by bus is not enough, and shopping in supermarkets is limited. This abuse of code allocation rules not only disturbs social order, but also violates the law. Some netizens said: If you can't solve the problem, you will solve the person who raised the problem.
I don't know which genius came up with the idea. To put it bluntly, it is "precise guidance." It uses public epidemic prevention measures for private purposes, maintains regional stability and turns you into red team. The purpose is clear, to prevent depositors from going to Henan to withdraw cash!
In fact, Henan Health and Health Commission has received complaints from 13. According to media reports, 16 replied to the reporter in the morning: after investigation by the epidemic prevention and control headquarters and the technical service department, the company responsible for the development and operation of Yukang Code was initially determined. When updating the risk judgment rules for mainlanders, some mainlanders were wrongly given to red team because of the illegal operation of programmers.
It is also mentioned that the bug in the program has been fixed, and the misjudged red team has turned green. The next step will be to investigate the responsibility of the relevant personnel.
What? This reason is far-fetched, innocent technicians.
After that, let's talk about the problems mentioned in the title. What rules did randomly assigning red team violate? What laws have you broken?
I. Violation of the Civil Code
According to Article 1034 of the Civil Code, personal information is all kinds of information that can identify a specific natural person alone or in combination with other information, including natural person's name, date of birth, ID number, biometric information, address, telephone number, e-mail address, health information, whereabouts information, etc. The Health Law obviously contains the personal information stipulated in the above-mentioned laws and should be protected by law. Article 1035 stipulates that the handling of personal information shall follow the principles of legality, justness and necessity, and shall not be over-handled, and meet the following conditions: (1) obtaining the consent of the natural person or his guardian, unless otherwise stipulated by laws and administrative regulations; (four) does not violate the provisions of laws and administrative regulations and the agreement between the two parties. In the "Code Red" incident, the relevant departments obviously did not obtain the consent of natural persons, did not follow the proper and necessary principles, and illegally over-handled personal information.
2. Violation of the Notice on Further Promoting the "Internet+Medical Health" and "Five Ones" Service Actions.
This notice was jointly issued by National Health Commission and other three departments in June, 205438+February, 2020, which clearly stipulated that the standardized use of epidemic prevention health code data should be strengthened, data security management should be strengthened, and personal privacy should be effectively protected. Obviously, the code red incident violated the basic requirements of using health code data and ensuring data security.
Three, in violation of the "emergency plan for public health emergencies in Henan Province"
This was issued by the General Office of Henan Provincial Government on April 1 1 2022. It is clearly put forward in the plan that the key population (epidemic prevention) can be accurately controlled by using personal risk status identification technology such as "health code". In the case of Henan, the relevant departments extended the key population to depositors. Does this have anything to do with epidemic prevention?
Fourth, it violates the Law on the Prevention and Control of Infectious Diseases.
Article 12 of the Law on the Prevention and Control of Infectious Diseases stipulates that disease prevention and control institutions and medical institutions shall not disclose relevant information and materials involving personal privacy. Article 66 stipulates that if the administrative department of health of the people's government at or above the county level commits dereliction of duty and constitutes a crime, criminal responsibility shall be investigated according to law.
Obviously, the relevant departments have leaked personal information such as health codes to unrelated departments, which is a violation of regulations and a due dereliction of duty.
Verb (abbreviation of verb) violates the personal information protection law.
Article 34 of the Law on the Protection of Personal Information stipulates that in order to perform their statutory duties, state organs shall handle personal information in accordance with the authority and procedures prescribed by laws and administrative regulations, and shall not exceed the scope and limits necessary to perform their statutory duties. Article 70 stipulates that if a personal information processor violates the provisions of this law and infringes on the rights and interests of many individuals, the people's procuratorate, the consumer organizations specified by law and the organizations determined by the State Network Information Department may bring a lawsuit to the people's court according to law.
Personal health code belongs to residents' private information. In the process of use and management, the management department must allocate the "red code" at will according to law, which goes beyond the scope of duties and violates the principles of legality, justness, necessity and good faith of the Personal Information Protection Law. ?
Intransitive verbs violate criminal law.
Article 397 of the Criminal Law stipulates that any functionary of a state organ who abuses his power or neglects his duty, thus causing heavy losses to public property and the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Dereliction of Duty stipulates that if it causes adverse social impact, it will be deemed as "causing great losses to public property, the interests of the state and the people"; If it causes particularly bad social impact, it will be considered as "the circumstances are particularly serious".
Red team is equivalent to the electronic passport at this stage. If it becomes red team, it can be said that it is difficult to move. The degree of its compulsion must be known to everyone. Arbitrary designation of red team restricts citizens' personal freedom, seriously undermines public order and has a very bad social impact.
There is no doubt that it is illegal to assign a red team at will. The so-called people can't stand without faith because their selfish desires have lost their credibility, and no one can afford this price.