Research On Personal Information Protection In Government Information Disclosure

The Privacy Protection Mode of personal information in government information disclosures as well as the related legal system have lots of defects.They cannot deal with the challenges brought to the personal freedom,equality,safety and personal dignity by personal information automatic processing in the process of Government Information Disclosure forward Government Data Openness in Age of Big Data.The protection of personal information,in the government information disclosures,needs to be upgraded and therefore what is needed are according the reality of our country,summarizing the problems of the existing legal system,related mechanism and theories,designing the top-level system,and undertaking the personal information protection in Big Data time in the field of public law.In this research,the necessity of protection of personal information rather than personal privacy in government information disclosures is emphasized,and the present situation and problems of personal information protection in government information disclosures in the aspect of the theory,legal system and technology are analyzed.The argument that leading by the right to personal information and the system of information processing we need to constructing the governmental obligation and responsibility to protect the personal information is also put forward.The research is mainly divided into four parts.The first part describes the present situation of personal information and the protection system involved in government information disclosures.Starting with cases of leaking a large of personal information from the government website in real life,it makes the preparation for the later discussion.The second part sets forth the realistic necessity of studying this subject.In this part,the research analyzes the insufficiency of the Privacy Protection Mode of personal information in government information disclosures.It expounds the opportunities and challenges brought by the new development in the area of government information disclosures to the personal information protection,as well as the urgency of this research topic.The third part sums up the problems,such as the advanced,implemented but not universally applicable standard and the unperfected legal system,existing in the current Privacy Protection Mode of personal information in government information disclosures.In this part,the deficiency of personal information protection based onthe theories of the right to personality and information self-determination is analyzed.And the existing problems of the effectiveness of supervision,technology and rules,as well as the way to solve these problems are also expounded.The fourth part,focusing on the basic theory and the real legal system and considering the fact such as the personal interest,technology,security and efficiency,constructs the personal information protection system in government information disclosures.Put it another way,this part of our research,basing on the theories of personal information right and the information processing system,defines relevant concepts and requires that the government should strictly implement the three-stage obligation(obligation of collection,storage and disclosure)within the scope and content of the right to personal information empowering to them and puts forward supervision mechanisms of administration,public and judicial.On the purpose of reviewing the essence of the problems,basing on the theory of personal information right protection,the basic direction of the positive and preventive obligation of government are determined in this part.Starting from the actual system,the problems in the process of the introduction and application of the key legal concepts in our country are reviewed.Basing on the information automatic processing system,the relevant legal concepts are reasonably defined.The government information disclosure process is divided into logically and closely connected three stages,collecting,storing and disclosing,where the specific protective obligations of the government are explicit.Balancing the value of public and private interests,security,privacy,efficiency and so on,de-identified personal information as well as the impact assessment system of individual rights and interests in combination with the reality are put forward.Finally,to perfect the supervision mechanism from the three aspects,this part put forward the joint method of the supervision body,the combination of the system of traditional administrative license,administrative registration and the new field of personal information protection,which realize the integration and connection of system.The protection of personal information in government information disclosures is the way to deal with the challenge of the Big Data Age in the field of public law.There is no special legislation for personal information protection at present in China.As the largest owner of personal information,it is incumbent on the government to protect personal information,especially in government information disclosures.Only by taking the information processing system as the legal basis,clarifying the mostbasic legal concepts and regulating the governmental behavior,taking the right to personal information as the theoretical basis and balancing a lot of interests and values,can we construct the practical,operative and feasible system with a solid theoretical foundation,as well as protect personal information in government information disclosures.