Government Information Disclosure System Under The Privacy Protection

The arrival of information age not only changes traditional government ruling ideas, but also has a tremendous impact on civil rights. From 2004 when the State Council released Outline for Promoting Law-based Administration in an All-round Way(2004) to April 2007 when the State Council announced Regulation on Government Information Publicity (as Regulation), making government affairs public has become one of basic requirements of building service-oriented government. However, the particularity of information dissemination and the rapid growth of awareness of civil rights in the information age, create unprecedented links between the collection, storage and transfer of information and civil rights. There is inevitably some overlap of information during the choice and operation of "know (information disclosure)" and "privacy protection (information retention)" and, to be public or not, it will inevitably result to some tensions. How to reconcile the tensions? It is not only the necessary requirement of increased awareness of civil rights, but also the important element of building and improving government information publicity system. This article is of the view that, when the current government information publicity system is initially established, timely attention to privacy protection system, a clear distinction between government public information and personal privacy information, not only helps the propulsion of government information publicity system, but also facilitates the protection of the right to privacy. As a result, in order to solve the conflict between the right to know and the right to privacy, first you need to clearly understand the concept, content and features of the right to privacy and other basic theories under the information publicity system, analysis and research on the factors that affect privacy protection, as well as the scope of the right to privacy under the information publicity system. And then, on this basis, for the purpose of perfecting government information publicity system, the Personal Information Protection Act should be introduced, to protect citizens'private information, to resist the infringement to the right to privacy that may arise from government information publicity. At the same time, this "sweeps" the barriers that arise from the vague definition of information content in the Regulation for the implementation of government information publicity system.This article is intended to elaborate the protection of the right to privacy under government information publicity system by theoretical and practical way. At the same time , using the comparative method, it horizontally compared the related institutions abroad with the specific situation in our country, proposed ways and means of perfecting government information publicity system. This text is to be elaborated in four parts:The first part focuses on the development of the right to privacy, the theoretical foundations of privacy protection , as well as the current status of our privacy laws;The second part focuses on the content, features and power of privacy under government information publicity, as well as the conflict relationship between the right to know and privacy protection, and analysis on its classification;The third part takes the case as the breakthrough point, analysis on the factors that affect privacy protection, as well as the problems of government information publicity system reflected in these cases;The fourth part is based on the comprehensive analysis of the first three parts, aims to legislation, systematically combines the privacy protection (personal information) in government information disclosure system, and puts forward legislative proposals.