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Research On The Remedies Of Personal Information Protection In The Government Information Disclosure

Posted on:2013-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:J CaiFull Text:PDF
GTID:2246330395992758Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With " The Information Public Regulation of the People’Republic of China Government " has implemented, the government information disclosure has become the attentive focus of the community. And the attentive focus from paying attention to the number of the information disclosure to quality, especially standard of personal information protection in government information disclosure. Government information resources included a large quantity of personal information, the personal information is the impartment basis that the government makes policy. In the government information disclosure activities, the government agency will unavoidably leak out some personal information because of certain benefits, and the government often can not guarantee that the information they disclose were rationally used in practice. In this case, the government will disclose personal information for the civil rights cause unnecessary harm, or even likely to be infringed as the most basic rights of individuals. It is imperative to protect personal information of citizen in administrative litigation. But " The Information Public Regulation of the People Republic of China Government" confuse the scope of the person information and privacy, the main provisions of judicial remedy for the government information disclosure are the administrative acts of invasion of citizens privacy in active publication and information applied publicity, many illegal administrative acts of invasion of citizens information are excluded from the scope of legal protection.This study involves the relevant theories about personal information in government disclosure, analyzes the judicial remedy system of the government information publicity in foreign countries. Based upon learning from foreign experiences and summarizing previous research results, several protection strategies are proposed to counter the faults existing government Information disclosure activities.The first chapter interprets judicial decision and news reports, and analyzes the absence of the protection of personal information in government information publicity.The second chapter does a research on development of the concept of personal information, analyzes the related concept of date and information, and their differentiation and connection, especially the differentiation about the concept of personal information and personal privacy, extension of personal information is greater than the personal privacy. This part also put an emphasis on reason why select the concept of personal information, that help the legislation unified and to protect the legitimate rights and interests of citizens.The third chapter analyzes the scope of accepting cases of administrative litigation of personal information protection in government information disclosure activities. Extraterritorial counties government information disclosure system has matured, so this part analyzes foreign government information disclosure activities at first. The scope of accepting cases of administrative litigation selected from the United States, the European union(UK), and Japan. Then, this part introduces the actuality and problems about the scope of accepting cases in our country.The fourth chapter describes foreign reviewing procedure and standard of personal information protection in government information disclosure, such as do novo review, written statement, secret review in USA, appropriateness review in UK, shielding review in Japan. And this part also presents reviewing procedure and standard in China, such as use appropriate reviewing procedure in judicial interpretation, examination of legality and standard of public interest, their aspects can not have consistent conclusion.The fifth chapter studies the kinds of court decision of personal information protection in government information disclosure. This kinds of court decision is different from other types of administrative litigation judgment, including combined the revoke the convictions and deadline for satisfy judgment, deadline for satisfy judgment, confirmed the verdict and dismissed plaintiff demands judgment. And the compensations brought by the government information disclosure are not in the scope of State Compensation Law.The sixth chapter based upon foreign experience on personal information protection in government information disclosure activities, and proposes several protection strategies, just use without public trial and secret review, use formal examination and substantive examination.
Keywords/Search Tags:the government information disclosure, personalinformation, the scope of accepting cases of administrative litigation, judicial review, judgment type
PDF Full Text Request
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