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The Value and Privacy Risks of Deploying AI in Handling a PublicHealth Emergency:Also on a Criminal Law-basedApproach to Privacy Protection(PDF)

《南京师大学报》(社会科学版)[ISSN:1006-6977/CN:61-1281/TN]

Issue:
2020年02期
Page:
32-41
Research Field:
特别专题:重大疫情治理研究
Publishing date:

Info

Title:
The Value and Privacy Risks of Deploying AI in Handling a PublicHealth Emergency:Also on a Criminal Law-basedApproach to Privacy Protection
Author(s):
YAN Li WU Heqi
Keywords:
public health emergency big data AI privacy risks
PACS:
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DOI:
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Abstract:
The introduction of relevant state policies has laid a solid foundation for the rapid development of AI for medical purposes in China. In dealing with a public health emergency, AI technology based on medical big data can not only improve the accuracy of diagnosis, alleviate the shortage of medical personnel, but also reduce the medical workers’ risk of infection. However, because the operation of AI will inevitably result in the invasion of personal privacy, the criminal law path to the protection of personal privacy in the era of AI should also be aligned with the governance of a public health emergency. In China’s criminal law, there is no legal provision regarding privacy as an independent object, and the protection of privacy is attached to the protection of market order, citizens’ personal and democratic rights, and social order. In view of the disadvantages, the construction of the criminal law path to personal privacy protection should first take as the logical premise a reasonable definition of personal privacy in the context of big data, and stick to the standpoint of risk prevention and interest balance, rather than defining the boundary of privacy from a static perspective. Only in this way can we carry out the specific design of a criminal law-based path to personal privacy protection.

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Last Update: 2020-03-15