Study On The Protection Of Personal Information In The Disclosure Of Administrative Penalty Decisions

In order to promote the transformation of government functions and transparent and open administrative law enforcement,China has established a system of open government information.As a kind of government information,the principle of disclosure of administrative penalty decisions is also stipulated in Article 4 of the Administrative Penalty Law.However,the development of information technology means has led to the following problems in the disclosure of personal information in administrative penalty decisions: whether the social pressure and chain reaction caused by the simple and direct disclosure of the administrative counterpart’s identity information and information about the violation of the law is commensurate with the administrative penalty he/she should receive;whether the administrative counterpart who is subject to administrative penalty for minor violations of the law has the rights and interests of personal information protected by law.Therefore,in order to ensure that the system of disclosure of administrative penalty decisions can function properly in promoting the transformation of government,punishing illegal acts and warning and educating the public,it is necessary to balance the needs of both systems of disclosure of administrative penalty decisions and protection of personal information,to protect the legitimate rights and interests of personal information and privacy of administrative relatives,to regulate the law enforcement behaviour of administrative subjects and to realise good law and good governance in administrative law enforcement.At this stage,the protection of personal information cannot be achieved in the disclosure of administrative penalty decisions because of the conflict between the two systems.The disclosure of administrative penalty decisions has the functions of punishing offenders,warning others and guiding the public to avoid risks.If the administrative organ intends to expand the function and utility of the disclosure of administrative penalty decisions,it may result in the indiscriminate and maximum disclosure of the personal information of the administrative counterpart in the administrative penalty decision and the violation of the law.As a result,the maximum effectiveness of the disclosure of administrative penalty decisions may be ensured at the expense of the legitimate rights and interests of the administrative counterparts’ personal information and privacy.To resolve the conflict between the disclosure of administrative penalty decisions and the protection of personal information,the boundary of the disclosure of administrative penalty decisions needs to be clarified and delineated,and issues such as how to de-identify personal information need to be reconsidered.In the context of the big data era,how to balance the dual needs of disclosure of administrative penalty decisions and protection of personal information,and how to resolve the conflicts between the two systems is an urgent issue to be resolved.Based on this,this paper will explore the root causes of the conflict between the two systems,reinterpret the legislative regulation of administrative penalty decisions,clarify the function of the disclosure of administrative penalty decisions and establish rules for the protection of personal information in the disclosure of administrative penalty decisions,in order to better guide the protection of personal information in the disclosure of administrative penalty decisions.By summarizing the normative conflicts between the disclosure of administrative penalty decisions and the protection of personal information;empirically analyzing the degree of connection between different administrative penalty decisions and personal information,and exploring the problems of applying the current personal information identification path to administrative penalties that are closely related to personal information.In view of this,the root causes of the conflict between the disclosure of administrative penalty decisions and the protection of personal information are explored.In view of the dilemma of choosing the level of protection of rights and interests,the deficiencies and conflicts in the legislative regulation of administrative penalties,the lack of clarity in the function of disclosure of administrative penalty decisions,and the cause and effect of the disconnection between the two systems,it is proposed that the choice of rights and interests be guided by "modesty",the reinterpretation of administrative penalties The proposals include the choice of rights and interests based on "modesty",the reinterpretation of the shortcomings of the legislative regulation,the clarification of the function of disclosure of administrative penalty decisions and the establishment of a mechanism for the protection of personal information in the application of disclosure of administrative penalty decisions.This will improve administrative enforcement procedures,reaffirm the modesty of the law,regulate the act of public disclosure of administrative penalty decisions,and innovate the rule of law administration in the digital era.