| The explanation about the meaning of privacy in the 23rd provision of the Freedom of Government Information Act should depend on the understanding about the content of public interest in this provision and the relevant provision about the divisible principle of government information and privacy. The content of public interest in the 23rd provision only include the interest which is sourced from the right of knowing the information about the activity of government, therefore should be confined by the main purpose principle of the Freedom of Government Information Act. Otherwise the existence of privacy can be used as the reason for refusing the claim about the disclosure of government information. The choice of legal system which is used as the background of the comparison and measurement between different interests is the premise of legal thinking. The conclusion of the assessment between different interests should comply with the judgment which is coming from ordinary social ideas. The pursuit of legitimating for the measurement between different interests should rely on the former (procedure) element and the essence (content) element. While the procedure element can assure the legitimacy of measuring different interests, the proportion principle can provide specific reference for the comparison of different interests and effectively coordinate the contraction between the necessity of disclosure government information and the importance of protecting privacy by the assistant of the segmentation processing principle.The stereotype of privacy is a useful method for the protection of privacy. When the information about the result of house dismantlement, the archives of one's house, the archives of marriage registration and the material about official's property is disclosure by the government, one's privacy should be properly confined. But the privacy data which is concluded in the taxpayer's material, commercial register, the decision on administrative penalty, administrative enforcement record should be strictly protected by government. |
