On Administrative Compensation For Public Infringement Of Personal Privacy By Government Information

Government information openness is an effective way of government administration.Meanwhile,it is an important channel to protect people’s right to know,but with the arrival of the "information age" in late years brings the important for people to the "right to privacy".The government divulging people’ s personal privacy in the information openness,more and more violations of privacy have been discovered,and the number of administrative compensation cases is growing.But in practice,the newly arisen personal privacy right is not smoothly connected with the relevant laws of our country,and the administrative remedies system is imperfection,which leads to the embarrassing situation that such cases are difficult to win.Citizens’ personal privacy right relief is like a hidden flower.It is necessary to further explore how to successfully obtain administrative compensation after the infringement of government information openness.In practice,the relevant cases showed that the government information disclosure violates personal privacy obviously show a tendency against the claimant.Specifically,the compensation issues involved in this aspect in the legal provisions are rare and scattered.Articles 15 and 51 of Government Information Disclosure Ordinance and Article 1 of Provisions of the Supreme People ’ s Court on Several Issues Concerning the Trial of Government Information Disclosure Cases provide that administrative compensation may be sought when government information is disclosed to violate personal privacy,but there is no relevant provision in the scope and procedure of compensation.It cannot form a complete system,and the provisions of multiple laws on the same issue are biased,which increases the difficulty for the claimant to obtain compensation.Through the analysis of cases,it is not difficult to find the problems existing in the system:theorists and practice experts cannot form a unified standard for the identification of “personal privacy”,and judges are given discretion in the trial,which is easy to cause different consequences in the same case.Judges at different levels in the same case have different results in the identification of “personal privacy”.It is difficult to provide evidence.Under the principle of “no damage and no compensation” the instability of information dissemination often makes the damage impossible to appear immediately,it is difficult for the claimant to prove that it is damaged.The lack of substantive safeguards makes it possible to revoke the original public information even if it is confirmed that the disclosure of government information violates personal privacy,and there is no corresponding measure to guarantee the infringer ’s access to compensation for moral or other damages that may subsequently occur as a result of the administrative act.Then Japan,the United States,Germany,France and other countries in the openness of government information compensation in legislation,review,proof,compensation mode are summarized.Hope to solve the problem through improve the convergence of legislation in China,establish a double standard classification review system of identity and age,reshape the model of multi-party proof subject and flexible allocation of burden of proof,and increase substantive compensation measures.