Conflict And Coordination Between Government Information Disclosure And Personal Information Protection

As an important measure to build a "sunshine government",government information disclosure takes effect in promoting the openness of China's government affairs,and provides communication and exchanges between the government and people by providing people with the required information.The bridge guarantees the citizens' right to know and monitor,and provides many conveniences for people's production and life.At the same time,as the government has the most information resources,in the government information publicity,will inevitably involve a lot of citizens' personal information.In the personal information collection,processing,storage,or disclosure.Due to the existence of the content of personal information collected by the government beyond the required range,government personnel leaked citizen information and information in the process of processing and storing personal information of citizens.The phenomenon of disclosing or providing personal information beyond the necessary limit during the disclosure process makes the personal information risk of being leaked,which makes a certain conflict between the disclosure of government information and the protection of personal information.Therefore,this paper studies the conflict and coordination between the two.Based on the investigation and study of the existing research results at home and abroad,this paper starts with the concept and theoretical basis of government information disclosure and personal information protection,and sorts out the current legislative status of government information disclosure and personal information protection in China,and uses the method of case analysis to elaborate the specific manifestation of the conflict between the two.It is concluded that the main reasons for the conflict between the disclosure of government information and the protection of personal information in China are as follows:the corresponding laws and regulations system is not yet sound,the administrative departments lack of functions in the process of information disclosure,and the weak awareness of the protection of personal information.Then,this paper analyzes the essence of the conflict between the two: the conflict between the two is actually the conflict between public power and private power,as well as the conflict between public interest and personal interest.Finally,no matter the important part of China 's modern democratic politics,or the protection of personal information in order to protect the personal information rights of our citizens,we are required to coordinate the conflict between the two and adhere to the principle of clear purpose and due process.On the basis of the principle of clear objectives,due process,security protection and balance of interests.Taking action inregulating public rights and protecting private rights,this paper proposes specific ways to coordinate the conflict between them: by improving government information disclosure and personal information protection,Laws and regulations system;optimize government organization functions,improve government information disclosure work mechanism;lay emphasis on the cultivation of citizens' consciousness of rights;establish a unified supervision organization,improve the supervision system to coordinate the conflict between them.Although there are conflicts between the two in the process of concrete practice,they are complementary in functions.To some extent,they work together by restricting public power and protecting private rights,so that people can fully exercise their rights and enjoy freedom in the process of the state's performance of management functions.