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The Personal Information Protection In Government Information Disclosure

Posted on:2012-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:X DongFull Text:PDF
GTID:2216330362456931Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Government information is a social resource that is formed according to the formation of public power by administrative authorities, in essence, it is human society's public property, so either everyone has the right to obtain or use without any reason, this is also specific performance of citizens administration right to know, the disclosure of government information become an important legal system. However, with advances in information technology, e-commerce in China has also been a sustained and healthy development, administrative authorities in the process of performing its functions, rely on modern computer science and communication's technology, the process of producing and collecting government information is also increasingly simple and fast, so government information continue to show systematic and diversification, in which the personal information collected by the government is also expanding more widely within the government information. While personal information is formed by administrative authorities using public power in the process of the executive administrative functions, it was originally made for personal activity, so in essence, the personal information is subordinate to the individual, in principle, can only be used by individuals ,this is specific performance of citizens individual information right.Whether citizens administration right to know which is reflected in respect of asking disclosure of government information or citizens individual information is reflected in respect of asking protection of individual information, they are an important aspect of respecting and protecting human rights, and should reflects an important value in the implementation process of administration authorities, if these two aspects can not be balanced in the process of government information publicity, the human rights of our citizens will face more serious challenges. Resolving the conflict between them have great significance in completing the government information publicity system, enhancing the development of Personal Information Act, and deepening the theory of administrative law. We must uphold the principle of due process,respecting and protecting human rights,participation of personal information personality and protecting the best interests, based on those, measuring the relationship between the two conflicts, in order to improve the legal system of accessing and using personal information and judicial remedies of personal information personality. and more distinct the relationship of them, find an effective way of solving conflict between the two.
Keywords/Search Tags:Government information, Publicity, Personal information, Protecting, Administrative law
PDF Full Text Request
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