Personal Information Legal Protection In Government Data Opening

With the continuous development of government data open,contradictions involving personal information are also increasing.The main ricks are gathered in the determination of personal information ownership and personal information rights.However,at present,there are a few laws and regulation of protecting personal information in china,and a complete protection system has not yet formed.Clear regulations are lacked the relevant laws on the rights of personal information,making the personal information rights protection in government data open a serious problem.The identification of legal responsibilities in legal disputes seriously hinders the development of Chinese government data open.This paper is divided into the following five parts:The main content of the first part is about some typical cases and existing problems related to personal information security.The second part is about the protection condition concerned about the personal information security and the definition and analysis of relevant concepts of government data opening.The third part describes the theoretical basis of personal information right and the main viewpoints of the theoretical circle.One view holds that information is generated by individuals with the attribute of personality right,and personal data and information should be included in the protection scope of personality right.Another view holds that personal information in government data can create great interests and should be included in the protection of property rights.This paper will summarize the theories of the two viewpoints,discuss the nature of personal information and analyze the situation existing in the protection of personal information in the government data opening.the fourth part enumerates the practice and exploration of relevant government data opening at home and abroad,and draws useful lessons from the experience.the fifth part proposes to construct the legalprotection framework system of personal information in the government data opening and to put forward some corresponding suggestions of system construction.