Malicious use of health code, in the end who should be responsible? Misuse of the health code, hindering the parties themselves to use the power to resolve debt disputes, suspected of serious violations of the law, such a move is a direct violation of the State Council's "Interim Measures for the Management and Service of the Health Code for the Prevention and Control of the New Crown Pneumonia Epidemic," but also violates the "Personal Information Protection Law," in addition to the violation of the Criminal Code, the 7th and 9th Amendments, harming the citizens' personal information. Malicious use of health code of course also involves the relevant state organs and staff responsible for, suspected of abuse of power and constitute a crime.
June 15, a number of Zhengzhou owners also reflected to the Nandu reporter their "Yu Kang code" inexplicably become "red". Obviously, the nucleic acid shows negative, but was listed as "being implemented in the centralized or home isolation medical observation of the entry personnel", and even family members are also accurate "hit"
In fact, the health code just began to use the Personal Information Protection Act In other words, there was no legislation on access to personal information for the health code, but only the need for the epidemic and the introduction of the health code. As a matter of fact, the Personal Information Protection Law is a basic law set with the rise of the Internet, and the application of health codes is for people's health. It is not to be used for other purposes.
Health code is red or green, should be based on the "Personal Information Protection Act" can be changed, personal information should follow the core principle of respect for the facts, strictly prohibit "excessive collection of personal information. But when you start to use the health code. Because of the prevention and treatment of epidemics, the health code to collect personal information, thus forming a broader collection, and did not carry out timely deletion, and data unrelated to the prevention and treatment of epidemics also have some controversy.
Government workers use the health code elsewhere. And violated personal information, should be based on the Criminal Law, according to the law should be held criminally responsible for the relevant staff. According to Article 70 of the Personal Information Protection, violation of regulations to deal with personal information, infringement of the power of many individuals, the People's Procuratorate and consumers can be in accordance with the law to the people's court.
Article 399 of the Criminal Law, judicial officers who bend the law for favoritism, letting those who should not be persecuted be prosecuted, deliberately harboring those who have committed crimes, or intentionally miscarrying out a wrongful conviction in a criminal case against the facts, shall be sentenced to fixed-term imprisonment of up to five years or detention, or, in case of aggravating circumstances, shall be sentenced to more than five years and up to ten years' fixed-term imprisonment, or, if the case is particularly serious and the impact is very bad, shall be sentenced to more than ten years' fixed-term imprisonment.
March 2020 for the events in Henan Province issued the "Henan Province" health code "use of the management approach", the regulations stipulate that: health at all levels, public transportation and human resources and social security and other relevant departments should be respectively statistical system to grasp the key people involved in the epidemic information, and pushed to the big data management department.
The health code is a two-dimensional code created by the real information group of each person, the real purpose is for the precise prevention and control of the epidemic, generated specifically for the prevention and control of the epidemic. Whether any place or government staff for other purposes to abuse the health code, this is a provocation of public power, is not in line with the epidemic prevention and control law, more damage to the image of the government. The health code can only be used for epidemic prevention and control, and can never become a "weapon" of the local government's private domain
But on June 15, Zhengzhou, the owner of the "health code inexplicably changed into a red code" incident, which has a number of departments of government The staff handled the relevant personal information, all staff are suspected of abuse of administrative power. Specific sentences will also refer to the "Infectious Disease Prevention and Control Law" to determine the matter of conviction. The company's website has been updated with the latest information about the company's website, including a list of its products and services, as well as a list of its products and services.