The Study Of Open Data And Privacy Protection Of Western Government In The Context Of Big Data

In the era of big data,the open government movement,focused on open data,has increasingly become the mainstream of the international community;meanwhile,it also brings a world-wide challenge: the conflict between the transparency of the government's open data and the protection of personal privacy.The open data indeed poses the risk of causing the leakage of personal privacy,but excessive emphasizing on privacy protection may also do harm to the data quality and public welfare.Therefore,what is the boundary between the open data and privacy protection? How to define the scope of personal privacy protection in the open data movement? How to fully identify and assess the risk of personal privacy leakage in the context of big data? How to maximize the benefits of publicly disclosure data while effectively safeguarding the legitimate interests of individuals,aiming at validly balance the transparency of the open data and the dilemma of personal privacy protection?The above issues can be summarized as the study of the balance between open government data and personal privacy protection.Since China just embraces open data movement,there are relatively few research related to privacy protection.Few scholars in China have explored personal privacy protection in the open data from the perspective of theory innovation and models construction.The major purpose of this dissertation is to build and explain the theoretical balancing framework between open data and privacy protection based on the type of data,the level of open data,and the identification of privacy risks,using empirical and normative research methods.In the first chapter,several key definitions are defined and identified,such as big data,open data and information disclosure,personal information,and personal privacy.Later,attempts have been made to define the meaning of personal privacy in open data movement.Afterwards,with the support of data governance theory,risk management theory,information management theory,and information self-determination theory,the new public management theory paradigm in the era of big data is discussed,the methods and process of government risk management are described,and information freedom together with information regulation are analyzed.Furthermore,this chapter also reveals the theoretical implications of the new human rights in the information society— the right of information self-determination.In the second chapter,the characteristics of open government data of western government and the privacy protection risks are discussed.The characteristics contain centralized integration,citizen responsiveness and periodization.Meanwhile,it also points out the existing,moral,technical and security risks.Moral hazard is caused by information users when they exploit personal data to satisfy their commercial interests at the cost of public interests.Besides,technical risks will occur when anonymized data are re-identified in the era of big data and the security risks are mainly reflected in the conflict between national security and personal privacy in the era of "anti-terrorism" and the conflict between public security and personal privacy in the grid society.In the third chapter,US,UK,Canada and EU are taken as examples to deconstruct the institutional logic of privacy impact assessment of western government.Furthermore,this chapter has compared and evaluated the policies and practices of privacy impact assessment in western countries,and extracted four lessons that can be considered as reference for China.Afterwards,the core of privacy impact assessment,the principle of fair information,is analyzed thoroughly.Taking the OECD privacy policy as an instance,the application of fair information principles in the identification of privacy risks in open data is further discussed under the guiding principle of purpose specification,data quality,security and accountability,revealing privacy risks and addressing strategies in the open data.In the fourth chapter,based on the understanding of the privacy risks in open data,the framework of open data transparency and privacy benefit trade-offs is constructed.The experiences of countries in the world are divided into pre-legislation exclusion models and post-legislation case balance models.In the case balance model,a balanced framework of open data and privacy protection is built based on the type of data,the level of open data,and the influencing factors of the target.Moreover,this chapter attempts to explain the framework from the perspective of open data life cycle,stakeholder participation,cost and benefits.In the last chapter,the status quo of Chinese government's open data and privacy protection are analyzed.Based on the research of existing privacy protection policies,this chapter has proposed several policy suggestions from the aspect of the management ideas,institution construction,mechanism design,and technical prevention.First,the privacy protection in open data should be based on the purpose specification judgment principle.Besides,the privacy impact assessment policy tool could be used to identify,evaluate,and prevent personal privacy disclosure risks in the government's open data.In addition,the assessment process of privacy impact should be standardized based on the data life cycle before opening data.And full attention should be paid to the risk of re-identification of the data after opening data.At last,it is encouraged to build a dialogue platform engaging all relevant data protection stakeholders.