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Personal Privacy Protection In Government Information Disclosure

Posted on:2019-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:S HanFull Text:PDF
GTID:2416330602957078Subject:Law
Abstract/Summary:PDF Full Text Request
In China,the right to privacy as a legal concept does not appear for a long time,the provisions of the law on the right to privacy chaotic,broad,has not been able to form a unified concept,to the law enforcement and judicial process to understand and grasp the relevant issues brought great difficulties.The personal privacy in the field of government information disclosure should refer to the personal information recorded or kept by the administrative organ for administrative acts.In the case of government information disclosure involving personal privacy,the public’s general cognition,the wishes of the third party,the extent to which the disclosure may have improper influence on the third party,the measurement of interests and the mandatory provisions of the law should be used to determine the individual privacy.The public interests protected in government information disclosure are mainly manifested in promoting the public interests of information disclosure,the public interests in exceptions to information disclosure and the public interests in practical cases.It is one of the keys to deal with the conflict between public interest and personal privacy to correctly grasp the identification steps of "significant impact".With the advancement of the policy of administering the country according to law,the people’s legal consciousness has been strengthened.They can understand,supervise and protect their legitimate rights and interests through the way of government information disclosure.However,the cases of indiscriminate litigation and malicious litigation have gradually increased.The conflict between personal privacy and public interest has reached a white-hot point.The conflict is coordinated by applying the basic principles of public interest priority,public priority,protection of human dignity,proportionality,distinction,partial separation and the superiority of special law over common law.We urgently need to improve the legislation of the government information disclosure system and the procedural rules and remedies for protecting personal privacy,broaden the scope of application of the principle of proportionality,improve the level and ability of the government administrative organs to make public affairs,so as to realize the effective protection of personal privacy in the government information disclosure without harming the public interests.The purpose of it.
Keywords/Search Tags:Government Information Disclosure, Personal Privacy, Public Interest, The Interests of The Measure
PDF Full Text Request
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