Dialogue permit: Where is the boundary of the health code 丨 Yuxi 2022 2022

Chen Zihan, an internship reporter of Economic Observation Network, appeared again.

On the evening of July 7, a number of Henan village banks storage households reported to the media that their health codes became bizarre red, and they did not go to high -risk areas.

As a digital technical method for epidemic prevention, the health code has made great contributions to the prevention and control of the new crown pneumonia. But various news events have made people more worrying: who has the power to change the health code? Who is the main body of the supervisory responsibility of the health code? Is the health code being abused?

The Associate Professor of Law School of the University of Foreign Economic and Trade and the director of the Digital Economy and Legal Innovation Research Center, permission believes that whether it is the red code incident encountered by Henan stores, or the adjustment of the previous nucleic acid number calculation rules in Beijing, and even the stars of the itinerary, these are based on The adjustment of technical adjustments will eventually need to return to the border of administrative governance behind technology governance.

The license believes that the health code is still controlled by people as a technical governance method. "All the algorithms are divided into two parts, one is the code, and the part is the strategy. The strategy is made by people, not made by the machine; it is just reflected in the form of code through the form of the algorithm. The basic principle of not changing our accountability of administrative law -who makes a decision and who takes responsibility. "

Three years ago, when people were still discussing how to fill in the digital gap, no one would think that digital technology would enter our lives in this way and quickly become the basic tool for our social survival, so that there is no health now no healthy today Code, it can be said that it is difficult to do.

But we did not have a clear understanding of this new governance tool in the emergency state of the new crown pneumonia. What is the legal border of digital technology governance? What is the technology and legal border of health code?

The license believes that technical governance is not a mechanism that falls from the sky. Health code, nucleic acid detection days, itinerary code or various digital governance methods, it is in the final analysis in the traditional governance structure.

【dialogue】

How did the layer plus the order happen

Economic Observation Network: Under the repeated emphasis on the joint control of the State Council, why is there still a layer of "overtime" in various places in the prevention of epidemic prevention?

License: The premise of the health code is in the new crown pneumonia. The original intention of the birth of the health code was to solve the problem of our staff at that time, so from another perspective, the health code should have been a way to expand people's free activities in emergency.

The emergence of various codes is actually two different needs to maximize human free flow and epidemic prevention goals to the greatest extent. But behind this balance, there will be some new imbalances: the imbalance of central and local goals, income and cost imbalances.

Behind the grid management of personnel flow, a liability sharing mechanism is lacking. For local governments, grid management also means that I will find me if there is a problem in my place, but the benefits of the flow of people may not be obtained by being responsible. For places, the benefits of personnel flow and the risks it brings are actually incompetent asymmetric.

The income of flow is scattered and uneven, and the cost of epidemic prevention safety is specific and localized. From the perspective of the country, the benefits of flowing are concentrated in developed regions and hub cities. Under this judgment, what is we seeing a phenomenon? The more economical, the more economical and less connection with the outside world. The string the control of it.

Maybe everyone will think that this is a very irrational government behavior. From a collective perspective, this is of course irrational, but in fact it is the extreme rationality of the local government behind it. Because the more such a place, the less the personnel it gets, the relatively heavier its responsibility. Therefore, it tends to increase the layers to clarify responsibilities. From the perspective of local governments, this is a very rational and realistic choice.

This is also the problem of government failure we often say, how to solve it and test the wisdom of decision makers.

Economic Observation Network: Many people call for a unified health code.

License: Uniform health code is of course useful. For local governments to check a person's whereabouts and health status, it is a very high cost, and it is almost impossible to complete.

In addition to cost reasons, the power given to the health code to the central government can better restrict local power and prevent the nation's irrational caused by the rationality of a place, and at the same time, it can also avoid similar occurrence of Henan Red Code incident.

Finally, the unified health code can also promote the improvement of the health code review, supervision, and management system. When the code is found, citizens have a clear, independent and smooth relief and accountability channels. Because the health code is reviewed, any errors and tampering can also be discovered afterwards, and the advantages of technical governance are reflected here.

But the question may be, can the unified health code be avoided by layers? In fact, it may still be necessary to return to the previous problem. How to solve the problem of the sharing mechanism of rights and responsibilities in this grid governance process.

Health Code boundary

Economic Observation Network: Who has the right to collect, view, and store the health code?

License: Many people think, who has the right to scan my health code? Does the security of the shopping mall and the gate of the park have the right to be? Do they have the right to limit our entry and exit? Can we say no?

The health code appears in the form of digitalization, but it is still an administrative act. Behind the health code is the state agency. Each scanning record should be a real personal information processor and the national organs identified by the Personal Information Protection Law. What we do, not the security, shopping malls, communities, etc. we are facing in the front line, they are just trustee. In other words, the entrustment of the administrative organs to collect information, but in fact, these information is not converged in these entities, and they should not touch these information.

Moreover, privacy information such as the itinerary of the health code will also be covered regularly, because retaining long -term data means cost, which does not make much sense for the government, but it means danger. It seems that the government has a greater amount of information, but the danger of data accumulation is doubled.

"Economist" refers to the data of the 21st century, but I think the data will also become "scourge." Because the more you accumulate, the higher the importance, the greater the corresponding risk, and we all know that in the risk society, there is no absolute safety.

The danger of data leakage is inevitable, and it will inevitably happen in the long run, so whether to remit so much data together and open up so many data is actually controversial.

Now the government's data sharing is adopted or the principle of use on demand. What is on demand? If you need it, I will retrieve it once. This data is still in the original place, and it will not form a data pool in my place. This can avoid one -time data leakage, which leads to all related data leaks.

Economic Observation Network: Does scanning health code enter public places will become the norm in our future life?

License: As soon as the epidemic is over, the health code as an administrative act in the state of epidemic should also end its historical mission. Because the premise of its existence is gone. If you want to keep it, you should also apply by citizens themselves, and obtain personal schedule based on a series of legal processes, and so on.

For administrative organs, once the epidemic is over, these data retention is not necessary. The risk of reserved will be far greater than the benefits.

So I think the focus of attention is not the health code, but the decision -making mechanism behind the health code.

Double -edged sword of technology

Economic Observation Network: For technical governance applications, such as face recognition, algorithms, etc., many people worry that this will further violate personal privacy and rights.

License: I have been emphasizing that technology itself has a dual role -it expands government power, and in turn it restricts government power.

The most typical example is that in the early 1990s, the Central Government's three orders from the five years and the local governments, especially towns, could not charges charges, but farmers who encountered problems were often difficult to defend their rights. Why? Because many policies are passed down from the mouth, they say nothing.

But a technology actually changed this governance pattern. What is this technology? Coper. After the invention of the copy machine, the rights defendant can directly take a copy of the central document to discuss the local government. The birth of this technology has greatly changed the unbalanced relationship between farmers and towns and towns.

Similarly, the same is true of the health code, or the same is true of technology; many people think that technology seems to expand to the government's power, but on the other hand, technology itself is a scientific rational product, it is reasonable, I should be red, I should be red The code is the red code, the green code is the green code. Health code is not only a restriction on citizens 'freedom, but also a kind of assignment to citizens' freedom in emergency.

Why is the Henan red code incident relatively clear this time? Although everyone will be dissatisfied with the results of the processing, his handling process is very clear -all operations are traceable and verified, which is too clear. As a result, this is a scientific product.

Science itself is the biggest constraint on power. "If you are unknown, the prestige is unpredictable." The most afraid of power is transparent and reasonable, and technology can solve this problem.

Economic Observation Network: Do we have the right to refuse to be digitized?

License: I feel that there are two levels of problems rejecting digitalization.

The first level is whether people have the ability to enter the digital world? This is actually a problem of digital gaps. I think that the number of digital aging in the past two years has been promoted.

The second is that for those who have the ability to enter the digital world, do you have the right to choose not to enter? I think this is not a digital problem, but a problem of power boundary.

Many people refuse to digitize. In the final analysis, it is because there is no sense of security and personal information. I believe that for most people, the general opposition digitalization is unlikely. A behavior, which involves the legitimacy border of administrative power in the digital age.

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