On The Protection Of Personal Information Under The Background Of Open Government Data

In recent years,the opening of government data is a government act actively promoted by governments around the world.Through the government's behavior,individuals,private institutions,and other subjects in need can fully exploit the information contained in the government's open raw data.The information is further utilized to promote economic and social development,but it also brings the problem of personal information protection.This article will use document analysis,comparative research and interdisciplinary research.This article intends to first clarify the definition and difference of related concepts,and then emphasize the urgency and necessity of personal information protection,and then analyze the basis of the problem of open personal information protection in Chinese government data.In the light of the experience gained from abroad and in various parts of China,the principles and specific measures suitable for the protection of personal information in China are formulated.Before discussing the protection of personal information in the context of open government data,we need to clarify the concept of some terms and the differences between related terms.As the central term of the article discussion,the concept of government data opening and personal information protection and its characteristics are the first to be clear;government data opening is different from government information opening in terms of open objects,open content,and open objects.Government information opening is the first stage of Sunshine government construction,and government data opening is the second stage of Sunshine government construction;although personal information and personal privacy have overlapping parts,with the development of information technology,the original privacy rights cannot fully protect personal information.Personal information is urgently needed to be protected as an independent right.Government data is different from the source of big data,and authority is diflferent.Government data itself is part of big data.The advancement of big data technology has laid the foundation for the opening of government data.The protection of personal information is urgent and necessary.In terms of urgency,the government's giant database has extensive possession and control of personal information.If government departments do not coordinate and open their own government data,it will have an adverse impact on personal information protection;The opening of government data not only brings new challenges to the protection of personal information,and it also affects individuals' property rights and even the rights of individuals' future development through personal information.The opening of government data has a huge potential threat to the protection of personal information.Personal information protection has the necessity of protection both in theory and practice.In practice,in order to strengthen regional cooperation and adapt to the needs of economic globalization,China should protect personal information;personal information is called "oil" in modern society,and the information contained can be further utilized and developed.Opportunities and markets have brought about market upgrades and transformations;violations of personal information have been repeated,and citizens'urgent need for personal information protection has also made personal information protection increasingly necessary;personal information is not only about personal interests,a large amount of personal information is also involved in national interests,and protecting personal information is also protecting data sovereignty.Personal information and privacy have overlaps,but with the development of technology,the value of personal information has become increasingly prominent.Chinese existing personality rights system has protected privacy rights as an independent right.In the protection of personal information under the existing personality rights system,China can consider protecting personal information as an independent right.In the process of opening data by the Chinese government,there are some problems of personal information protection.In the practice of government data opening,the government does not open the desensitization of sensitive personal information.In practice,personal information is leaked in a large scale and time,and the cost of infringing personal information is low.The main reasons for the problems in the protection of personal information in China are:?The awareness of personal information protection is weak.? The lack of specialized institutions,laws and policies for the protection of personal information in China.?is insufficient for penalizing violations of personal information.After analyzing the problems and causes of personal information protection in the opening of government data,based on the practical experience of personal information protection in the opening of government data in foreign countries and China.We must clarify the principle of equ,al protection and utilization and encourage public participation.Formulate the Personal Information Protection Law,formulate a special personal information protection policy,give play to the active role of the industry self-regulatory organization,and establish a specialized agency for personal information protection,and strengthen the responsibility of government departments for protection.