Many communities ask to go home and report whether the sun has passed (what will happen if they don't report to the community when they go home)

65438+10.6, the residents of a residential area in Tunxi District, Huangshan City, Anhui Province reported to the Du Nan that their residential area requires overseas returnees to report to the property, and they need to provide personal information such as their names, ID numbers, mobile phone numbers, travel areas, whether they have been infected with COVID-19, etc.

Return personnel registration form

Subsequently, Southern Reporter contacted the community workers as residents. The other party said that the filing requirements were issued by the government, and the purpose of collecting information was only to count the number of returnees and understand the flow of personnel. After filing, no measures will be taken against them, and ID number information cannot be provided. In addition, the staff said that it is not clear whether refusing to report will have other consequences.

Is the filing requirement of the community reasonable? What is the use of personal information provided for the record after the epidemic prevention policy is adjusted? Some experts told the Southern Reporter that if the government departments force the filing without legal basis, it may constitute a major and obvious violation of the law, and returnees can refuse the relevant filing requirements and not bear legal responsibility.

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A community in Anhui requires returnees to report, and many places have similar requirements.

65438+10.6, residents of a residential area in Tunxi District, Huangshan City, Anhui Province reported to Du Nan that the property management personnel of their residential area had sent a picture of "Registration Form for Returnees from Other Places" to the owners, asking them to report to the doorpost or the property management office.

The registration form provided by the residents of the community shows that the information to be filled in by the returnees includes name, ID number, contact telephone number, return time, departure and return place, health status and so on. The group chat showed that someone in the owner group asked about the source of the filing request, and the property replied that it was "required by the community".

The reporter from Du Nan contacted the community staff of the community as a resident, and the other party said that the filing requirements were issued by the government. After receiving the instruction, the community asked the property to publish information in the group. The staff said that the purpose of collecting information is only to count the number of returnees and understand the flow of personnel, and no measures will be taken after filing. If you are worried about information leakage, you can leave your ID number blank. As for whether refusing to report will have other consequences, the staff said it was not clear.

"As can be seen from the table, this is the code added by the Tunxi District Government to limit the flow of migrant workers returning home for the New Year in disguise." Some Du Nan residents told reporters bluntly.

The experience of residents in this community is not a case. Nandu reporter found that with the approach of the Spring Festival and the adjustment of epidemic prevention policies, there are also differences in the requirements for landing registration in different places. Beijing, Shanghai, Sichuan and other places took the lead in canceling the filing, but some areas still insisted.

A netizen who just returned to his hometown in Shandong told Du Nan that he received a phone call from the community soon after he returned home, and he still needed to provide information such as ID number, mobile phone number and health status. After he refused to go, the community did not insist.

65438+ 10 3, the office of the epidemic prevention and control headquarters of Qinyang City, Henan Province issued a proposal, which stated that "every family member who is away from home is warmly welcome to return to China for the holidays. Before going back to China, please report to your village and street in advance. " 65438 On February 22nd last year, the epidemic prevention and control headquarters in COVID-19, yi county, Anhui Province issued a document saying that the returnees should report to their village groups by telephone at least three days in advance, and do a good job in health monitoring.

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Expert: At present, compulsory filing may be illegal.

In June 5438+February last year, the joint prevention and control mechanism of the State Council issued the Notice on Further Optimizing and Implementing the Prevention and Control Measures of COVID-19 Epidemic, which marked a major turning point in the prevention and control measures of the normalized epidemic that lasted for three years, and various localities successively released restrictions on people's travel and mobility.

In the same month, the National Health and Wellness Commission issued the Overall Plan for Implementing Class B Management of Infection in novel coronavirus. It is clearly pointed out that since June 5438+1October 8 this year, novel coronavirus has implemented "Class B management". According to the provisions of the Law on the Prevention and Control of Infectious Diseases, COVID-19 no longer implements isolation measures for infected people and no longer judges close contacts; No longer divide high-risk areas and low-risk areas; Implement classified treatment for infected people in COVID-19 and adjust the medical security policy in time; The detection strategy is adjusted to "willing to check everything" and so on.

Is the requirement of landing registration reasonable when the "Class B Management" is about to be implemented and the prevention and control policies have undergone major changes? With the end of "precise prevention and control", compulsory isolation and routine nucleic acid were cancelled. What's the use of filing and collecting personal information? Do returnees have the right to refuse to report?

Guo Bing, a distinguished associate professor at the School of Law and Politics of Zhejiang Sci-Tech University, clearly pointed out that if the community's move is inspired by the local government, then after the implementation of the "Class B and Class B management" measures, the relevant government departments have no right to force returnees to declare and provide the above personal information.

The Law on the Protection of Personal Information stipulates that personal consent should be obtained when handling personal information. When there are special circumstances such as "responding to public health emergencies", personal consent is not required. "According to this regulation, it is difficult to ask residents to provide the above personal information. If the government department has such a mandatory requirement, it is suspected of administrative violation. " He said.

License, director of university of international business and economics Digital Economy and Legal Innovation Research Center, holds a similar view. He believes that after the implementation of "Class B management", there is no legal basis for requiring returnees to fill in the above personal information, and the property and community have no right to collect personal information of residents. Frankly speaking, in the face of this situation, residents can take the initiative to reflect to the community or refuse this request. If the community forces residents to provide the above personal information, residents can report to the higher authorities.

Guo Bing further analyzed that if the local government or community clearly informs the returnees of the purpose of collection and promises to keep personal information strictly confidential, the returnees can voluntarily report to the community with informed consent. If the government department asks for filing without legal basis, it may constitute a major and obvious violation of the law, which is theoretically an invalid administrative act. Returnees can refuse the relevant filing requirements and do not have to bear legal responsibility.

"Now the so-called precise prevention and control and compulsory isolation are no longer carried out, and it is required to report back to China. It is improper to collect personal information including sensitive personal information such as health status. " He added.

According to the "Ten Articles of New China", even if COVID-19 is infected, the community has no right to force residents to gather or isolate at home, which means that even if it is reported, the community cannot take practical measures in this regard. So, what is the need to ask returnees to report?

Guo Bing bluntly said that the purpose of this move is more likely to set up "obstacles" for foreigners to return home. After the declaration requirements are publicized or disseminated, it will increase the psychological pressure of returnees to a certain extent, thus reducing their willingness to return to China.

According to the license analysis, there is no epidemic prevention policy at the individual level after the implementation of "Class B and Class B Management", but it is reasonable for the state to understand the flow of personnel and possible risks. He believes that under the current circumstances, what needs to be counted is not specific personal information, but the overall flow of personnel.

However, this information collection behavior should be anonymous. "You don't need to know your name, ID number, mobile phone number, etc. Just need to know how many people come back every day and whether they are infected. " It is further explained that monitoring the overall personnel flow is conducive to formulating more reasonable related policies, such as increasing the medical material reserve in time and expanding the hospital in advance.

Southern Reporter Fan Wenyang Written by Prince Li