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Research On Personal Privacy Protection Mechanism In Government Information Publicity

Posted on:2020-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:N XiaoFull Text:PDF
GTID:2416330572994160Subject:Administrative law practice
Abstract/Summary:PDF Full Text Request
Since the implementation of the "Regulations on the Publicity of Government Information" in China,the role of government information has been fully utilized.However,the contradiction between government information publicity and personal privacy protection has become increasingly prominent.With the advent of the information age,the amount of information held by administrative agencies is growing and growing,and the amount of information related to personal privacy has increased accordingly.Using the information at hand,the executive can improve the scientific and efficient work,but illegal publicity may infringe on personal privacy and even cause social problems.How to protect personal privacy under the government information system is particularly important.The current "Regulations on the Publicity of Government Information" includes personal privacy protection mechanisms at three levels: confidentiality review,supervision and relief.However,due to the uncertainty of the general provisions and related concepts,the personal privacy protection mechanism cannot be effectively implemented,and government information disclosure incidents involving personal privacy also occur frequently in practice.In view of this,this paper studies the personal privacy protection mechanism in government information publicity from the following four parts:The first part is the characteristics of personal privacy protection in government information publicity.To study the issue of personal privacy protection in government information publicity,we first need to clarify the characteristics of personal privacy protection before we can take corresponding protection against these characteristics.The characteristics of personal privacy protection in government information publicity include the vague identification criteria of protection objects,the secondary legal benefits of protection objectives,the protection of legal basis,the protection principle,and the high degree of professionalism.The second part is the principle of personal privacy protection in government information publicity.The principles of personal privacy protection in government information publicity are different.The principle of balance of interests,the principle of proportionality,the principle of identifying objects of protection and the principle of professional review,focusing on the protection of personal privacy from the perspective of information publicity organs;the principle of comprehensive relief emphasizes that privacy rights have the right to claim relief during and after the entire process of government information publicity.The Restricted Information Acquisition Principle protects personal privacy by restricting information applicants.These principles provide guidance for personal privacy protection in government information publicity.The third part is the existing personal privacy protection mechanism in the government information publicity.The current "Regulations on the Publicity of Government Information" includes personal privacy protection mechanisms at three levels: confidentiality review,supervision and relief.The information review subject conducts government information publicity in the process of identifying personal privacy,balancing interests,distinguishing between processing information,and notifying privacy rights.The internal supervision of the administrative agency and the external supervision of the society are combined to promote the operation of the personal privacy protection mechanism.The privacy owner protects himself through remedies such as reporting.However,because the relevant legal provisions are too general and lack specific programming,personal privacy protection mechanisms are difficult to function effectively.The fourth part is the improvement of personal privacy protection mechanism in government information publicity.The key to perfection is that a sound personal privacy review mechanism and a relief mechanism work together to play a role.A sound government information confidentiality review mechanism requires the establishment of a specialized information review agency to classify the benefits and measure the notification process.At the same time,in the process of information disclosure and after the information is released,the relief channels that give privacy to the people can make up for the failure of the confidentiality review mechanism.Pre-examination and ex post relief are combined to protect the privacy of government information publicity in a comprehensive and effective manner.
Keywords/Search Tags:Publicity of Government Information, Protection of Personal Privacy, Balance of Interests
PDF Full Text Request
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