| Along with the development of the Internet,data is becoming an important element of social and economic development.While government data has become a strategic resource for the world,the protection of personal information has also become increasingly concerned by the society.The promulgation of the Personal Information Protection Law provides guidelines for regulating personal information processing activities.However,due to the contradiction between the public interest of government data opening and the private interest of personal information protection,there are still a lot of difficulties to implement effective protection of personal information in the whole life cycle of government data opening.In this context,in order to safely and effectively realize the hidden data potential behind personal data and fully release the data dividends brought by government data opening,it is necessary to improve the protection of personal information in all stages of government data opening.Balancing the contradiction between government data openness and personal information protection is not only the responsibility of government management,but also a necessary way to promote the more extensive development of government data openness.In addition to the preface,the article consists of four main parts:The first part mainly analyzes the basic concepts involving government data openness and personal information protection.The first is to identify the relevant concepts in government data openness and analyze the distinction between the definitions of public data and government data in academia,in order to extend to the definition of the concepts of data openness and government data openness.Secondly,the relationship between personal information and the right to privacy is discussed in order to further elaborate the difference between the protection adopted in law,pointing out that in the process of government data opening,both personal information and private information involving privacy should be protected uniformly first,and then set up graded and classified protection afterwards.Finally,the relationship between government data openness and personal information protection is analyzed and discussed,pointing out that the fundamental reason for the conflict between the two is the contradiction between the public interest of government data openness and the private interest of personal information,and the mismatch between the diversity of government data openness and the single protection mechanism of personal information,which makes it difficult to effectively implement personal information protection in government data openness.In the second part,the dilemma of personal information protection in government data opening is explained and its causes are discussed.Firstly,the current situation of the dilemma is explained,and it is pointed out that the current dilemma of personal information protection in government data openness has insufficient protection of personal information security,risk of re-identification of personal information and imperfect supervision system of personal information.Secondly,from the perspective of government data opening,we analyze the reasons for the above dilemmas,pointing out that it is more difficult to protect personal information in government data opening due to the scattered policies and regulations related to government data opening,the ineffective regulation of government data opening,and the diversified scenarios of government data opening.The third part is to compare the experience of the European Union and the United States on the protection of personal information in the open government data.Firstly,the EU section analyzes the EU’s emphasis on the principle of people-oriented personal information protection,the function of specialized supervisory authorities and the role of data protection officers in government data openness in the context of the EU General Data Protection Regulation.The next part is the US,pointing out that personal information protection in the US is advanced by protecting personal privacy,its legislation is scattered in various fields,emphasizing the role of industry self-regulation and making good use of privacy assessment systems to assess personal privacy risks in data openness.Lastly,it is a comparative analysis of the EU and the U.S.practices in terms of their legislative concepts and legislative models,personal information processing subjects and obligations,and personal information protection institutions,and suggests that the protection of personal information in government data openness in China can learn from the European and American practices such as protection standards,industry self-regulation,and supervisory institutions.The fourth part is the future outlook on the protection of personal information in the open government data.The first is the reconstruction of the institutional system,proposing to accelerate the construction of a government-led and industry-assisted personal information protection regulatory system under the clarification of the overarching role of the Personal Information Protection Law in the legal system of personal information protection.The second is the construction of a mechanism for the participation and collaboration of multiple subjects,pointing out that the rights and obligations of the government,enterprises and individuals in different stages of government data opening should be regulated from the perspective of the whole life cycle of data.Finally,it is to improve the regulatory mechanism,and proposes to establish a regulatory system of prior examination,intermediate supervision,and post-event relief and punishment to realize the regulation of personal information protection in the whole process of government data opening.Drawing on the comparison between the EU and the US on the protection of personal information in government data opening,it can be seen that a perfect regulatory system and a strong regulator are the key to the implementation of personal information protection.Therefore,we should take the construction of a regulatory policy system for the protection of personal information in the opening of government data as a framework,regulate the rights and obligations of the government,enterprises and individuals in different stages of government data opening from the whole life cycle of data,supplemented by a regulatory system of prior examination,intermediate supervision and post-event relief and punishment,and realize the effective protection of personal information in the whole process of government data opening.In order to achieve effective protection of personal information in the whole process of government data opening. |
