Research Of Opening Individual Information Under Government Information Open System

In this thesis, the author chooses the perspective of protection for individual information under government information open system which results from the Regulations on the Disclosure of Government Information of 2008. Article 14 and 23 are abstract and hard to operate, so in the future open system of public interests and individual interest need convergence and coordination. The author insists on the principle that when it comes to individual interest, information should not be open except several kinds. Combined with cases and regulations of the United States of America, the text is divided into four parts.The first chapter describes the scope of individual information. The author has a idea that individual information should include three kinds: the first one is individual (living person) information, the second one is the information of the dead, and the third is commercial information such as corporation's information. The first kind includes information of privacy. Personal information includes the first and second kinds. The author suggests that in future the definition of personal information should be the one which directly or indirectly rely to person's information. If some information is helpful to identify death, it belongs to information disclosure exception. Accordance to the law and economics analysis from Posner, the commercial information should not be open. From the point of view of the Regulations on the Disclosure of Government Information of 2008, the scope of protection of business is under a basis of trade secret. As we have some related cases, future legislation for commercial information can be based on the protection of trade secrets and then expand the protection of individual information.Chapter 2 shows the problems of protection for individual information. The first section introduces the relationship between government information open system and individual information protection. However, nowadays Chinese are lack of a sense of individual information protection: First, the degree of confidentiality of information, the administrative organ of state use the state's secrets as an excuse for the opening individual information; Second, compared with state secrets, the degree of individual information security is low since the existing legal and institutional deficiencies are in the protection of this area. The last section focuses on three levels of low protection for personal information: (1) the protection of personal privacy is absence in constitutional law; (2) civil, criminal and others for protection of personal information is inadequate; (3) supporting documents to protection of personal information is inadequate.Chapter 3 illustrates two ideas rely to US individual information protection: First, the Chinese can copy the type of the United States of America that building one or two acts for protection of individual information, such as the Chinese Privacy Act; Secondly, the National People's Congress can tell which is public interest.Last chapter is useful for individual classification and measurement. The author points four steps for opening individual information: (1) whether disclosure of information of individuals can approach the public purposes, if it can not and information should not open; (2) whether there exists public interest, court needs to do some; (3) after the definition from NPC, the court can do some actions for the individual interest; (4) When there is conflict between public interest and individual interests, some measurements are needed. The Section 1 of this chapter lists the elements of measurements: (1) the length of time; (2) the privacy relationship between the individual and information; (3) the impact of disclosure of information; (4) whether the information can be used. When individual information is under the following 7 categories, court does not require the measurement and comparison as long as the citizens request: (1) government officials'information of forture; (2) family relatives of government officials'information; (3) other public figure's information; (4) individual information of administrative or criminal penalties; (5) individual information under emergency events; (6) individual information about granting benefits; (7) business information.