The Concept Of Exception In Government Information Privacy

The concept of exception in government information privacy, is derived from the principle "public is generality, privacy is exception", which is one of the basic principle in legislation about each national government information publicity. Choosing public exceptive information or not, is free for government as an administrative main body。 Citizen has right to request the government to go public with its information, which is also the duty of the government. But the exertion of authority is not unlimited. Government sometimes is entitled to limit citizen’s authority in the know by the reason for protecting public benefits, this forms the theoretical base of exception of government information privacy.The legislation of exception in government information privacy in our country’s government has serious shortcomings. First, without establishing the principle of "public is generality, privacy is exception", the usage of low term is not regular, and exhibits an inaccurate manner on the problem for whether make the government information publicity, this directly leads to legislation principle deviating from legitimate, and greatly weakens the strength of legislation and power of law execution; Secondly, lacking an unambiguous bounds for exception in government information privacy, not distinguishes between public and privacy boundary; thirdly, on the institution of redness for exception information, the rules in byelaw is general, ambiguous, and thus not functional; finally, the rules in byelaw concerned with "exception of privacy" are conflicted with relative current laws.The main reason for above problems is under the special indistinctly political circumstance in our country, administrative main body and our people are affected by unenlightened thinking which is traditional in China, this leads to public right overspreads, and cannot maintenance an political equilibrium. The second reason is that the order of the byelaw for government information publicity is low in entire law system.Based on the successful experiences in many other countries, this dissertation proposes our suggestions for solving these problems:first, under the principle of "public is generality, privacy is exception", formulating well-defined and reasonable definition of right for knowing and its limits; setting up the legislation rules and patterns for government information privacy; define unambiguous bounds and classification methods for exception information, complementing the redness of exception information, modifying the law concerned with government information publicity.