Government Research Withheld Information Privacy Issues

Personal privacy is closely related to the daily lives of citizens. Especially since The Regulations on Open Government Information carried out. This concept has widely concerned for the specified contents in exception of the government information publicity. The use of personal privacy in practice have encountered many obstacles, government often use personal privacy as a "shield’ to refused to disclose their information. It’s difficult to apply, reconsider or litigate. An essential reason is that the government has a large degree of discretion for refused to disclose the reason. The Regulations on Open Government Information is difficult to play an effective role. This has become the biggest problem of the applicant to apply the information of government and the realization of the right to know. There has no unified standard about the concept of personal privacy in our country, and relevant supporting measures are not perfect, so the research on personal privacy is particularly important. The content of the article is as follows:The first chapter mainly summarizes that theoretical basis is conflict and coordination between right to know and the right to privacy. Realization of the right to know will inevitably involves the invasion of privacy. This chapter based on the conflict and coordination of the right to know and right to privacy. The key to the conflict is they represent different interests. The right to know is represent for public interest and the right to privacy is represent for personal interests. Coordination between the two rights should be the least damage based on the priority of public interest principle in the protection of individual interests. The second chapter bases on extraterritorial legislation and judicial practice. Focus on the analysis of the relevant legal system and cases of the United States, Japan and so on. It can provide the experience for the following of definition the concept of personal privacy and supporting measures.Next chapter is about the research to our country’s legislation and judicial practice about personal privacy. The current rules about personal privacy are in the Constitution and the law, there is no standardized system. There has no standardized system. Especially they are not equal in the control of information between civil and government in juridical practice and the uncertainty of the concept of personal privacy. Caused such a situation, the government arbitrary interpretation of personal privacy. The court’s attitude is not clear in dealing with relevant cases, and the problems are mainly reflected in two aspects:the first is the law on personal privacy provisions is general and no well-defined.it will bring the administrative discretion to expand practical problems. The second is low status about The Regulations on Open Government, it has no provisions of the citizen’s right to know and the basic principle of the principle of open, not open to exception and so on.The last chapter of this dissertation is to complete the problems mentioned above. First of all, using the summary list and exclude the application of methods to define the personal privacy. Secondly, increase the relevant provisions and complete relief system, supervision mechanism and other relevant supporting measures. Finally, the author appeals to constitute "government information disclosure law" and "personal information protection law " as soon as possible to protect personal privacy, restrict the discretion of government and maintenance of the citizen’s right to know.