On The Legal Protection Of Personal Information In The Open Of Government Data

In the era of big data,the government is the largest holder and holder of information.On the one hand,opening up personal information in government data is an inevitable requirement of modern government management,but on the other hand,it may infringe citizens’ personal information right in the opening process.Therefore,it is necessary to protect personal information by law in the process of government data opening.Personal information in government data opening refers to all kinds of information recorded electronically,which can be used alone or in combination with other information,so that citizens can identify the information related to individuals on the data open platform.In the process of government data opening,there are many problems,such as the lack of special legislation on the protection of personal information,unclear legal boundary,imperfect legal system,internal government supervision,inadequate government supervision of personal information used by companies,imperfect personal information relief mechanism,etc.The problems are caused by the lack of specific laws on personal information protection,the overlapping of government departments’ functions,the insufficient regulatory awareness of the government on commercial organizations,the government department’s supervision technology has the defect,and the insufficient awareness of data protection.On the basis of drawing lessons from foreign experience,it is helpful to add decentralization legislation and industry self-regulation to the protection of personal information,formulate appropriate government data opening policies,and set up privacy management commissioner to improve the legal protection in China.There are multiple ways to improve the legal protection of personal information in the opening of government data in China.In terms of legislation,we should formulate the Personal Information Protection Law,the Data Security Law and the Government Data Opening Regulations.The government should set up a special functional department in the internal management of the government,perfect the supervision mode and technology,and strictly enforce the assessment standard of public servants;in the use of personal information by the government to commercial institutions,the government should unify the supervisory authority,clarify the subject of administrative supervision,and clarify the supervision obligations;in perfecting the relief system for the disclosure of personal information after the disclosure of personal information,we should increase the punishment for the disclosure of personal information,increase the reporting and mediation channels for the illegal operation of personal information,and strengthen administrative and judicial relief;In strengthening propaganda and raising the legal consciousness of citizen’s personal information protection,the government should propagate the rational use of government data through many channels and raise citizens’ awareness of protecting personal information,so as to prevent personal information from being infringed in the process of government data opening.