Research On Personal Privacy Protection In Government Information Disclosure

Since the "Regulations of the People’s Republic of China on the Disclosure of Government Information"（hereinafter referred to as the "Regulations"）were revised in 2019,the principle of disclosure has also been changed to the principle of disclosure,with non-disclosure as an exception.However,this also intensifies the conflict of interest between the citizen’s right to know and the third party’s right to privacy,and there are still differences in the academic circles on how to measure the interest relationship between the two.Not only that,when the third party’s right to privacy is transferred,the administrative agency and the court’s measurement standard is not clear.Moreover,compared with the civil field,the protection of personal privacy in the field of government information disclosure is weaker.In judicial practice,the results of government information disclosure are mostly biased towards protecting citizens’ right to know,while the transfer of the third party’s right to privacy is only a small part of protecting the third party’s right to privacy.The degree of personal privacy protection needs to be improved.Therefore,how to take measures to protect personal privacy in government information disclosure and how to measure the two opposing interests is an urgent need to solve.And when the third party’s privacy rights are violated,whether there is an effective remedy,and whether the third party can successfully use the remedy to recover their losses,we need to conduct in-depth research.In order to solve the above problems,this paper mainly studies the protection of personal privacy in my country’s government information disclosure through the following four parts.The first part mainly discusses the basic theory of personal privacy protection in government information disclosure.This part first analyzes the concept and legal basis of government information disclosure,then analyzes the development of government information disclosure,and draws the conclusion that the current government information disclosure specification in my country is not perfect;The concept of privacy,draws the conclusion that the concept of personal privacy in our country is currently ambiguous.By exploring the difference between personal privacy protection in the field of civil law and the field of government information disclosure,it is found that personal privacy protection has certain limitations in the field of government information disclosure.Discussing,draws the conclusion that the protection of personal privacy in the field of government information disclosure in our country is weak and faces many protection dilemmas.The second part discusses in detail the dilemma faced by personal privacy in the process of government information disclosure.The first dilemma is that it is difficult to determine the meaning and scope of protection of personal privacy;the second dilemma is that the connotation of the interest measurement of personal privacy and the right to know in the current government information disclosure is not clear,and generally only depends on the discretion of judges;the third dilemma is: At present,the norms of personal privacy protection in my country’s government information disclosure are not perfect,such as the notification procedure does not set a corresponding time limit and the consequences of not responding.This type of litigation,the timing of the prosecution and the pre-litigation relief methods are not perfect.The third part mainly analyzes the relevant experience of personal privacy protection in foreign government information disclosure.By studying the current situation of theoretical research and practical operation in the United States,Germany and Japan,and drawing on their beneficial experience in privacy protection,it can provide reference for the research of this paper.The fourth part mainly studies how to solve the problems of the above analysis.Faced with the problems in the process of personal privacy protection in the disclosure of government information,the author has taken the following measures to improve it: First,regulate the connotation of personal privacy in the disclosure of government information in my country by means of identifiability,privacy and enumeration;Second,by incorporating the principle of proportionality into the content of interest measurement,the courts or administrative agencies can have an objective standard in the process of interest measurement,so as to achieve a harmonious balance between the right to know and personal privacy,and at the same time,it is hoped that the privacy of third parties can be achieved.The damage is minimized;the third is to protect the personal privacy of the third party by clarifying the procedural norms and substantive norms.For example,indicating that the failure to reply to two notices is regarded as the consequence of giving up personal privacy,so as to urge the third party to protect their rights and interests in a timely manner.Personality interests are included in the national administrative compensation system,etc.;finally,the publicity is raised by clearly proposing an "anti-information disclosure lawsuit",and the regulations on the timing of prosecution and pre-litigation relief measures are improved.