Research On Legal Issues Of Personal Information Protection In Government Information Disclosure

Since the implementation of the Regulations of the People’s Republic of China on Government Information Disclosure,the government has strengthened its understanding and application of the information disclosure system,and the construction of a service-oriented and law-based government has begun to advance in an orderly way.However,in practice,administrative organs often emphasize the importance of information disclosure,which guarantees citizens’ right to know while ignoring the protection of personal information rights and interests.On the one hand,the lack of protection of personal information rights and interests is due to the changes in the connotation of the concept caused by the rapid progress of The Times.On the other hand,the focus of the administrative field is to strengthen the construction of social public services,rather than pay attention to personal protection.In our country,the personal information protection of the practice field,still takes the civil protection mainly path.However,with the extension of personal information from single identification function to public service function,economic promotion function and security governance function,single civil protection path cannot achieve effective protection of personal information.In the process of government information disclosure,the government,as the legal information collection and processing agency,will inevitably use personal information in various forms,including collection,analysis and disclosure.Due to the lack of institutional and legal regulations,the government’s handling of personal information has led to a series of disputes involving individual rights,exposing the government’s lack of legal ability to handle personal information.The introduction of the Personal Information Protection Act has strengthened the protection of personal information by regulating the behavior of information processing providers from multiple aspects.However,as the protection between government information disclosure and personal information is not a simple dispute between personal interests and public interests,the relatively comprehensive Personal Information Protection Law is unable to achieve comprehensive and detailed regulation of government agencies’ behavior in handling personal information.Therefore,it is necessary to start from the causes of the conflict between government information disclosure and personal information protection,and further explore ways to solve the conflict and realize the balance of interests.This thesis starts from the basic concept,through analyzing the government information disclosure system and confirming the concept of personal information protection in the process of information disclosure,clear the rights and protection of personal information,and find out the cross and distinction between the rights and interests of personal information and personal privacy interests existing in judicial practice,and analyze the protection imbalance problem caused by fuzzy concepts.Taking the relevant cases of conflicts arising from government information disclosure of personal information as cited,this thesis analyzes the commonalities among relevant cases,and carries on a procedural analysis to the possible procedural behaviors infringing citizens’ rights and interests of personal information in government information disclosure,and finds out the causes of conflicts.Combined with the background of The Times,this thesis summarizes the necessity of personal information protection in government information disclosure.Secondly,through the conflict between the two forms,the different interests and the disputes caused by the conflict of interests are explored,and the basic principles that should be followed by government information disclosure and the special principles that should be adopted for personal information disclosure are put forward.Then,it analyzes the imperfect supervision mechanism caused by the deficiency of regulatory agencies and regulatory measures in practice,the imperfect procedural protection mechanism caused by the lack of prior review and prior notification procedures,and the imperfect relief methods caused by the lack of judicial protection,administrative protection and compensation system protection.Finally,it puts forward the construction of the protection path of personal information in the government information disclosure,focuses on the countermeasures to the problems raised above,and makes the feasibility analysis.It aims to find a balanced development direction for personal information protection in government information disclosure.