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Title:
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WHAT IF CHINA'S HEALTH CODE SYSTEM WERE LAUNCHED IN OTHER COUNTRIES, IN PARTICULAR, MAJOR WESTERN COUNTRIES? |
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Author(s):
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Victor K. Y. Chan |
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ISBN:
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978-989-8704-53-5 |
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Editors:
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Paula Miranda and Pedro Isaías |
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Year:
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2023 |
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Edition:
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Single |
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Keywords:
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China, Health Code Systems, Major Western or Western-Style Countries, Hypothetical |
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Type:
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Short |
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First Page:
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267 |
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Last Page:
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271 |
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Language:
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English |
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Cover:
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Full Contents:
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click to dowload 
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Paper Abstract:
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This article explores the potential legality and legitimacy issues if the mobile phone-based health code system, a distinctive eHealth system, as adopted in China during the COVID-19 pandemic were mandatorily deployed in such major Western or Western-style countries as the United States and the European Union (i.e., its member countries). It first dwells on an overview of China's health code system, including how China required citizens to install a health code app on their mobile phones that could then display colored QR codes indicating the citizens' corresponding freedom of movement permitted, and what personal data was taken into account by the system's algorithm in determining the code color. While this system succeeded in containing the virus spread to an extent, this article identifies and elucidates some key legality and legitimacy perspectives, namely, privacy and other personal rights, discrimination, accuracy and reasonableness, and security risks that might concern the above countries in the hypothetical scenario of the system being mandatorily launched there one day. The article further analyzes the specific perspectives especially accentuated by each of these countries' laws. Findings are that in the United States, constitutional challenges to the deprivation of the personal right of liberty would be the emphases. In the European Union, constitutional challenges to the deprivation of the personal right of liberty, discrimination, and accuracy and reasonableness (especially, the consequential fair trial issues) and legal queries about privacy would be the highlights. |
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