| A new round of information technology revolution and human social interaction,triggering massive data collection,analysis and utilization,the concept of big data came into being.With the advent of the big data era,the level of information technology at home and abroad has been improved,and government agencies in the performance of administrative management and public service functions have been collected and stored data of citizens with the exponential growth of information level,become the main social data of the population.How to make the government data--the crown of the pearl more dazzling,become a hot issue in the field of public and private fields at home and abroad.The United States,Britain,Australia and other government followed the trend of the times,have increase the openness of the government to maintain the data,in order to excavate the potential economic and social value from the government information resources,the release of creative energy,enhance the comprehensive competitiveness of the country.China has also carried out the opening of government data,from the beginning of 2012,Shanghai,Beijing and other local governments have also set up more than 14 municipal government data open website.In September 5,2015,the State Council issued "Action on the development of big data development"(Guo Fa[2015]50),proposed to "build data power,the release of data dividends,bonuses and innovation dividends",By the end of 2020,to build a unified national government data open platform,in the protection of people's livelihood in important areas to achieve public data resources open to the community.On the one hand,open government data can protect the citizens' right to know,improve the efficiency of government work,promote the rule of law,building a transparent,open,sunshine government.On the other hand,for the government agencies inappropriate public information,violations of the privacy of citizens,commercial institutions using open personal data,grab illegal interests laid the groundwork.The personal data and personal privacy are inextricably linked,both carrying the personal data of personal interests and dignity,contains a huge commercial value and public management,especially in open government data,protect public data security,it is particularly necessary to protect individual privacy.How to solve the conflict between the right to know and the right of privacy in the open data of the government,to protect the safety of citizens' data information,has become a major problem that the government needs to be solved urgently.This paper is divided into seven chapters.The first chapter combs seven typical cases in the judicial case concerning the infringement of the citizens' right to know and privacy,and analyzes the problems existing in the privacy protection under the open government data.The second chapter compares the difference between the open government data and the government information disclosure,and introduces the present situation of the open data both at home and abroad.The third chapter elaborates the influence of the open government data on the privacy of the individual,and analyzes the new form of the protection of privacy under the big data age.The fourth chapter collates the laws and regulations on the protection of privacy in our country at present,and points out the limitation of privacy protection in our country.The fifth chapter introduces the legislation and practical experience of the United States,the European Union and other countries and international organizations to protect the privacy of the government in the opening of the government data,and summarizes its usefulness to the protection of personal privacy in China.In the sixth chapter,according to the problems existing in the protection of personal privacy in China,the author puts forward some suggestions and opinions on the legal measures to protect personal privacy when the government opens up the data.The seventh chapter the author summarizes the subject explained in the article. |
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