Discussion on the Implementation of Vaccine Passport from the Conflict of Fundamental Rights
The implementation of vaccine passports is an important anti-epidemic measure to be taken in the face of the harm of the COVID-19 in the world. Through proof, identification of whether or not to be vaccinated can prevent people who have not been vaccinated from becoming a breach of the epidemic and continue to spread. This measure involves the constitutional right to health. However, it has been discussed that vaccine passports are still a part of broad medical information, and their information privacy should still be protected according to the concept of the constitutional right to self-determination of information. In response to the conflict between the two main basic rights, legislators can provide the competent health authority with a legal basis to practice the right to health of the people. Others must also review the current laws on the protection of medical information privacy and not cause excessive interference with the privacy of people’s medical information. Because the people can claim the right of information self-determination, and the more specific implementation is the protection of the right to privacy of medical information. The relevant competent authorities should still provide guidance or declare to the people that if the people have any dissatisfaction or harm the people’s rights and interests. They should go through the Administrative disputes protect their rights, or even go through constitutional proceedings to clarify their constitutionality.