Abstract: Notions like“Healthy China”and “Greater Health” would inevitably expand the three mainlines of developmentof the “health informatization for the whole people”as defined in Article 49 of the Law of on Basic Medical and Health Careand the Promotion of Health.In view of the problems in the application of current laws and administrative regulations in digital epidemic prevention and control,such as incompatibility of ideas, lack of comprehensiveness,and absence of rights protection, the multi-sector legal approach is better than the single-sector legal approachin balancingthe pursuit of value rationalityand that of tool rationality. Based on the three principles of “preventions first andtreatment later”, “appropriate derogation of rights” and“cost effectiveness”, a mechanism of linkage and coordination between the health law and information law in the context of digital epidemic prevention and control can be developed in the following three aspects:first,strengthening theautonomy of information subjects in the scenario of digital health assessment withinferential information protection as the core;second,prepositioning the purpose rationale asthe default rule in algorithmic regulations; andthird,replacing the compliance requirements of algorithmicinterpretability with a peer-review-alike mechanism in the medical institutions gradingsettings.

Keywords: digital epidemic prevention and control; health law; information law; artificial Intelligence;personal information protection

Author:Tang Linyao, assistant research fellow, CASS Institute of Law.

Source: 1 (2022), Jinan Journal(Philosophy & Social Science Edition),reprinted in full in 3 (2022) China University Academic Abstract.