Research On The Protect Ion Of Personal Privacy In Government Information Disclosure

Government information disclosure is the proper meaning of building a rule-of-law,service-oriented and sunshine-oriented government.Since the implementation of the Regulations of the People's Republic of China on Government Information Disclosure in 2008(hereinafter referred to as the Regulations),remarkable achievements have been made in the work of government information disclosure,which has played an important role in guaranteeing citizens'right to know and promoting economic and social development.However,in the practice of information disclosure,administrative organs tend to pay more attention to the protection of citizens'right to know and lack the protection of personal privacy.Although the Regulations also stipulate that personal privacy is an exception to information disclosure,and the Regulations of the Government of the People's Republic of China on Information Disclosure(Draft of Revised Draft)published in 2017(hereinafter referred to as "Draft of Revised Draft")have made further provisions on the protection of personal privacy,there are still many problems and urgent needs.Solve.This paper introduces the problems of personal privacy protection in government information disclosure from a large number of personal privacy leaks in the practice of government information disclosure,and then based on the "Regulations(Revised Draft for Opinions)",it has the significance of further analysis and Research on this issue.Secondly,from the perspective of jurisprudence,it specifically analyses the essence of government information disclosure and personal privacy protection,the conflict and balance principle between government information disclosure and personal privacy protection.Thirdly,combined with typical cases of government information disclosure and relevant experience abroad,this paper makes a detailed analysis of the problems of personal privacy protection in government information disclosure in China.Specifically,the scope of personal privacy matters is relatively small,the procedures and responsibilities of confidentiality review are not clear,the procedure system of written solicitation of obligee's opinions is not perfect,the extension of public interests is missing,and the relief mechanism is not perfect.Finally,according to the analysis of the problems,the paper puts forward some suggestions to improve the protection of personal privacy in government information disclosure.In other words,first,to define a clear scope of personal privacy matters,classify and enumerate personal privacy matters;second,to clarify the procedures and responsibilities of confidential review;third,to improve the procedural system of soliciting the opinions of the obligee in writing;fourth,to define the extension of public interests;fifth,to improve relief mechanisms,including the establishment of the system of reconsideration and cessation of litigation and the establishment of the state.There are two aspects of compensation system.