Research On Personal Privacy Protection In Government Information Disclosure

The revision and implementation of the Regulations on The Disclosure of Government Information in 2019 marks that the government information disclosure work in China has entered a new stage of development.However,there are still frequent violations of personal privacy in the disclosure of government information,and in practice,there are more and more cases of administrative organs avoiding disclosure on the grounds of personal privacy.On the contrary,the protection of personal privacy has become an excuse for administrative organs to evade the disclosure of government information,which greatly violates the principle of "taking disclosure as the principle and non-disclosure as the exception" in the disclosure of government information.In the work of government information disclosure,the protection of individual privacy is important,but the protection is limited,"regulations" to the protection of individual privacy also stipulated exceptional circumstances,not absolutely unlimited to give protection of individual privacy.This requires administrative authorities to seek a balance between information disclosure and personal privacy protection,that is,to balance citizens’ right to know and right to privacy,and to coordinate the conflicts between the two.In view of this,this thesis explores how to balance the relationship between government information disclosure and personal privacy protection to the maximum extent by improving the existing legal system through literature analysis,empirical research,comparative research and other methods.The article is mainly divided into the following five parts:The first part is the introduction part,in this part,first of all,for the current government information disclosure and privacy protection of relevant background were analyzed,and points out that the study of meaning,and then the analysis and research related literature at home and abroad of induction and summary,and introduced the article main research content and research methods used in the study.The second part is about the government information publicity and privacy of the introduction of related concepts,is for the inner meaning of government information disclosure and personal privacy,specific content and the relationship between personal privacy and personal information shall be defined,and further analyzes the government information disclosure and personal privacy protection and the nature of the relationship between the two.The third part introduces the theoretical basis and principles of personal privacy protection in government information disclosure,among which the theoretical basis is human rights protection and people’s sovereignty theory respectively,and the principle is the principle of balance of interests and the principle of proportion.By sorting out the theoretical basis and principles of personal privacy protection in government information disclosure,we can explore the deep root of this problem,which can provide theoretical guidance for the practice of personal privacy protection in government information disclosure.The fourth part introduces and analyzes the judicial practice of personal privacy protection in government information disclosure.First of all,through the collection and sorting of government information disclosure cases in judicial practice,full-text search of administrative cases was conducted on Peking University magic website and China Judgment Documents website with the keywords of "government information disclosure" and "personal privacy".In order to make the final conclusion more reliable,the revision of regulations in 2019 was taken as an opportunity.Most of the cases in this thesis have been selected since 2019.Through reading and screening the relevant cases one by one,the cases with the word "personal privacy" but not related to personal privacy issues were eliminated,and 103 cases that met the requirements were selected,and the statistical data of these cases were analyzed by empirical research method.Secondly,based on the above data analysis,the following problems can be found in the protection of personal privacy in the disclosure of government information,including: It is difficult to determine the definition standard of personal privacy,it is difficult to measure the interests between government information disclosure and personal privacy,it is not comprehensive to protect the third party’s right of privacy in application disclosure,administrative organs abuse their discretion in application disclosure,and the remedy means when personal privacy is violated are insufficient.Finally,in view of these problems existing in administrative organs,the court’s judgment rules in the trial process are sorted out,from which the court’s judicial experience and enlightenment on the protection of personal privacy in the trial practice of government information disclosure are sorted out,especially in the definition of personal privacy and the scope of application of third-party privacy protection procedures,which are not clear in the Regulations,can provide certain guidance and reference for administrative organs.The last part is to put forward relevant suggestions for improvement based on the judicial experience of the court in the trial practice mentioned above as well as the reference and reference of foreign experience.One is to establish personal privacy definition standards;Second,to establish the benefit measurement mechanism;Third,to improve the third party privacy protection procedures;Fourth,to constrain the discretion of administrative organs;Fifth,we should improve the relief system of personal privacy protection in the disclosure of government information.It is hoped that the above suggestions can help to coordinate the conflict between government information disclosure and personal privacy protection.