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Research On Personal Privacy Protection In Government Information Disclosure

Posted on:2021-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhaoFull Text:PDF
GTID:2416330602478188Subject:legal
Abstract/Summary:PDF Full Text Request
The information disclosure system is one of the essential factors for accelerating the transformation of government functions.Regulations on the disclosure of government information,revised and implemented in 2019.The regulations marks the new development stage of government information publicity in China.However,it is undeniable that there are a large number of cases that lead to the violation of citizens'privacy in the process of information disclosure,and there are still many problems that need to be solved for the administrative organ to solve for its own obligations,citizens' right to know and the balance between the right to privacy.There is a very close relationship between the government information disclosure and the personal privacy of citizens.This paper takes the government information disclosure as the institutional background of personal privacy protection,and intends to explore how to protect personal privacy by using normative analysis,case analysis,comparative analysis and other methods.The article consists of three parts:Basic theoretical knowledge was generalized in the first part.This paper defines the internal meaning and specific content of government information disclosure and personal privacy,and further introduces the conflict between them and the causes of the conflict.The second part is composed of the current situation and problems of protection.First of all,it introduces the protection of personal privacy in the regulations on the disclosure of government information.Secondly,it puts forward the problems of personal privacy protection in the process of the disclosure of government information by analyzing a large number of cases and scholars,including:the ambiguity of the connotation of public interest leads to the widespread phenomenon of "different judgments for the same case",the negative omission of administrative organs,the review procedures and responsibilities of information disclosure There are five aspects:unclear provisions,incomplete procedural system to protect the privacy of the third party,and difficult to achieve the actual effect of relief.The third part is to put forward the corresponding improvement suggestions for the existing problems.The first is that the principle of proportionality should be adopted as the standard of interest measurement;the second is to improve the accountability mechanism for administrative subjects;the third is to clarify the procedures and responsibilities of Information Disclosure Review;the fourth is to strengthen the protection of the rights and interests of the third party by establishing the system of prior notification and the system of consent of the third party;the last is to establish the system of reconsideration,litigation suspension and national compensation to improve the relief mechanism System,in order to help our government information disclosure in the protection of personal privacy.
Keywords/Search Tags:Government information disclosure, Personal privacy, Protection
PDF Full Text Request
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