An Analysis Of The Coordination Between Government Information Disclosure And Citizen 's Privacy Protection

With the accelerating pace of the construction of the government in sunshineand the further improvement of citizens’ participation ability, the government information publicity system has become an important system in deepening the reform of the government. The aim of government information publicity system is to guarantee public’s right to know, but the public information often involves some personal privacy, which causes the conflict between the public’s right to know and individual right of privacy. ‘The Decree of Government Information Openness’ excludes personal privacy from information disclosure, which on the one hand, can protect citizens’ right of privacy. On the other hand, administrative agency can have an excuse for refusing to open of administrative information. Since the legal standard is not comprehensive, the administrative agency has a great deal of discretion power over whether to open administrative information. This results in the fact that different organs has different standards on information disclosure in practice. The primer cause of the phenomenon is the conflict of government information publicity and the right of privacy. The paper analyses four typical cases of the government information publicity and the citizen right of privacy conflict, elaborates the problems that exists in the legislation and practice, besides, the paper analyses the root cause of this problem and puts forward suggestions on the establishing of ‘The Laws for the Protection of Personal Privacy’ and to perfect the relief system of personal privacy.