The Conflict And Coordination Between The Right To Know And The Right Of Privacy In Government Information Publicity

The right to know and the right of privacy are important rights of civil, is basic right of government information public which supposed to protect, is also solid backing to build a socialist country ruled by law. With the democratic construction gradual perfection, and the government information openness constantly improve, a large number of open government information on a certain extent to improve government administrative clarity, is advantageous to the citizen supervision of state organs and their staff, ensure the right to know citizen. On the one hand, the administrative organ open information which gathered in the exercise of state authority to the public through the specific forms and procedures, to meet the public understanding of the country’s political, economic, cultural and other aspects of the transaction; on the other hand, the information mastered by administrative organs inevitable contain the personal information of citizens, this information will be more or less related to citizen’s privacy and is the main body of power unwilling for others to know, it need the government to be kept confidential by the special form. To sum up, the conflict between the right and the right of privacy in the government information public to know is not adjustable and inevitable, is problem which All the countries have to face in construction of government information publicity.This paper is divided into four parts by the arrangement of the elements:The frist part, first to define the basic concepts of government information public’s right to know and the right of privacy, and analyzed in three aspects: etymology, meaning, current situation of domestic and foreign legal protection. the citizen’s right to know is that citizens have the right and freedom to access to information, this information is but the official information, but also non official information. The citizen right of privacy is a natural person under the premise of not harm the social public advantages enjoyed right without interference from others for personal information which unwilling known to others. it main contents the right of privacy to conceal, use of the right to privacy, safe guarding privacy and privacy right of control. On this basis, further puts forward the necessity of coordination the conflict between the right and the right of privacy in the government information popularization, their conflict in the government information popularization is not to be avoided and can not be ignored. The coordination of conflict is beneficial to the realization of citizen’s basic rights; help to accelerate the pace of government information publicity; advantageous to the rule of law and building a socialist country ruled by law.The second part, systematic analysis the conflict and unified relationship of the right to know and right of privacy in the government information disclosure. First of all, preliminary theoretical analysis of the conflict of rights from to admit the right of conflict and against the rights of conflict respectively, and then introduce the expression and reason of the conflict of the right to know and the right of privacy in the government information disclosure, conflict performance were analyzed form equal parties and unequal parties. The conflict of the right to know and the right of privacy in equal parties are interpretation form between the right to know society and the right to privacy of public figures and between personal information right to know and other citizen right of privacy respectively; the conflict of the right to know and the right of privacy in unequal parties analysis of the contradiction between the social public regime and government information secrecy. Four aspects reflect the conflict reason from the fundamental purpose, the essence of the rights, the content of the right and the rights reflect advantage although there are some conflicts of The right to know and the right of privacy in the government information disclosure, but both achieve unity in a certain situation, this unity mainly reflected in two aspects: common inhibit the occurrence of corruption; the mutual promotion, mutual development.The third part, the reference and enlightenment of foreign experience. Reference foreign experience of the conflict of the right to know and the right of privacy in government information disclosure is the inevitable way to construct and perfect the government information publicity system in our country. This part use United States open government information system which construction is the most perfect of the world, Japan open government information system which has unique characteristics and similar legislation and South Korea open government information system which history and culture are similar with our country as an example to explain. America isn’t the earliest establishment of the government information open system’ country in the world, but it system construction is the most perfect country, it not only pays attention to the protection of citizens’ rights to privacy, but also put rights of privacy on the position to be treated fairly and equally, to ensure the realization of civil rights finally. The information disclosure system of the Japanese government has certain unique, its emphasis on the substantial protection of the right to know and the right of privacy, in order to avoid the conflict. South Korea is the earliest countries of establishing the government information open system in Asian, provisions in the exceptions and perfect relief system and so on are worthy to reference.The fourth part, coordinating the conflict between the right to know and the right of privacy in government information publicity. Frist of all, we should follow the basic principles of conflict coordination, there are Social politics and the public interest principle、Principle of human dignity shall be inviolable、Free flow and principle of reasonable limits, Can the principle to reduce sexual、Principle of main body participation and consultation;The second,Further puts forward Suggestions on the coordination of conflicts, Such as,Adhere to the right to know and privacy in the legislation;On judicial intensify judicial public, construction of sunshine justice mechanisms; Adhere to administration according to law in the law enforcement, carrying out the rule of law; Citizens themselves should also improve rights consciousness, strengthen the legal system concept.