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Conflict And Balance Officials Privacy And Right To Know

Posted on:2015-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:G L WangFull Text:PDF
GTID:2296330431464908Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Privacy and Right to know shall be the basic rights which should be owned by the citizens, however, it is some conflicts that would always be witnessed under the actual cases. On one hand, Privacy has shared the most of significance from an average citizen’s point of view, being laid more emphasis by legislative institution all over the world, with rigid protection by means of related laws. Nevertheless, for another, the privacy of the government staff seems to scarcely receive the same protection as a common citizen in majority of occasions, due to the special status mixing with citizen and administrative officers; in addition, most of personal information of them are directly related to the government work and public benefit, therefore, it is inevitable for them to expose some of the information to the public on account of work, all of which have, to some extent, shrunk the scale of privacy of government officers. It is obviously that contradiction between the Privacy of government staff and the Right to know of public has been transferred into the conflict between personal right and the public authority. Actually, from a legislative point of view, it is the Right to know of the public that shall be laid more emphasis, comparing to the Privacy of government staff, with an aim to make a country’s authority run correctly, meanwhile, protecting the legitimate right of public being abused.Actually, several deficiencies could be witnessed in the contemporary regime, most of which are likely to contributed into some reasons, exactly, first of all, government policy could provide little legislative protection for the public’s right to know, lacking of the systematic protection measures out of practice. Furthermore, without the powerful and rigid supervision measures in the contemporary regime, normative judicial remedy could hardly be established perfectly, as a consequence, it is scarcely likely to ensure whether a government officer expose the personal information fully or not, in other words, the current legislative supervise regime is out of service of fulfilling that. Finally, from a personality point of view, majority of government staff are reluctant to disclosing their personal information, holding a laggard conception of government, which formed a kind of resistance.On account of the above situations, this article firstly provides the distinctive conception of Privacy and Right to know. Another, beginning from the protecting the basic right of citizen, it could receive that the conflict between Privacy of government staff and Right to know of public comes from the difference of individual interests and public benefits. At last, a balanced regime has been provided, in detail, we could not only protect Right to know of the public, but the Privacy of the government staff shall also be cared about, accompanying some specific solutions and measures.
Keywords/Search Tags:Official Privacy, The Public Right to know, Conflict, Balance
PDF Full Text Request
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