Theory Of The Personal Privacy Protection In Government Information

In the process of government information, due to the conflict of citizens'right of know and privacy, in some cases citizens'personal privacy may be violated by public information behavior of administrative organ, based on this, the author researched Chinese government information and personal privacy protection. Although the 2008《People's Republic of China government information regulations》statutes the term about personal privacy protection, but the author still considers there are some problems which need to be improved about the personal privacy protection in government information in both the Regulations and other neighboring laws and administrative regulations. Therefore, in the second chapter of this article, through the theoretical analysis, statutory induction and practical cases, the author expounds the necessity of personal privacy protection in the process of government information. After the necessity discussion, the main purpose of this article is to solve the problem of personal privacy protection in the process of government information. The author discusses related suggestions from such three chapters about substantive law,procedural law and reconsideration and litigation law. In the advices from the aspect of substantive law about the personal privacy protection in the process of government information in the third chapter, the author considers that we should clear the legal position of government information and privacy, puts forward the principle and scope of how to definite government information, definite the standard of not open through the materialization of personal privacy provisions and the introduction of personal data protection, in the mean time puts forward several suggestions on improving the compulsory openness system. In the fourth chapter of the safeguard function about the administrative procedure to privacy in process of government information, the author suggests that we should standard the divisible principle about the government information, puts forward how to draw on the experiences from other countries and individuate the information which needs to be open, to make sure the contents which should be open be public, and fully guarantee the personal privacy. In the second part of the fourth chapter, the author introduces the interest measure mechanism and proportion principle to the administrative discretion process of government information, thus to balance the public interests and individual privacy. From the third to the fifth part of the fourth chapter, the author respectively put forwards the suggestion of perfecting the parties agree system, establishing the beforehand told system of administrative organs and delay execution system. The fifth chapter of the safeguard mechanism about the privacy of the court in the process of government information, the author suggests to establish litigation suspended system in the government information litigation, in order to prevent the administrative litigation execution to bring irreversible consequences to the personal privacy disclosed in government information, meanwhile establish the confidential censorship system in administrative reconsideration and administrative litigation, to ensure the personal privacy in administrative reconsideration and administrative litigation.