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The System of Protection of Private Information in the Publicity of Government Information
Author: ZhangYiQun
Tutor: ZouRong
School: East China University of Political Science
Course: Constitutional and Administrative Law
Keywords: government information publicity personal information protection basic concepts comprehensive mechanism
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 320
Quote: 2
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Abstract
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Government information publicity is a way of support and maintenance of the public right to know, and it is important to achieve management objectives to ensure the government, it is also the provision of social services in basic ways. Theoretically, the publicity of our personal information can be seen as reasonable civil rights violations by public interests. But in practice, the government often can not guarantee information gathered would be used correctly, can not guarantee that the information they disclose were rationally used, can not guarantee the information were saved safely, in this case, the government will disclose personal information for the civil rights cause unnecessary harm, or even likely to be infringed as the most basic rights of individuals. Therefore, we must open the process of government information to protect personal information. In this paper, historical analysis, comparative analysis and other methods on the Government to disclose the personal information protection are the major legal issues and made a more detailed theory of confusion analysis and research, and on this basis, how to coordinate government information and personal from the basic concept of information protection, key points, such as an integrated system proposals, hoping to solve the Government Information and Protection of Personal Information conflict between helpful.This article is divided into three chapters. The first chapter introduces the European Union, the USA, Japan, China Taiwan and other four kinds of typical and basic coordination of government information disclosure and protection of personal information, and the actual situation in our country, stressed the need to correctly handle the Government Information and Protection of Personal Information inter-relations, we must foster free flow of personal information protection and equitable concept of moral rights: protection of the rights of individuals based on personal information promote the rational use of power that is to protect human rights from unlawful infringement of contributing to a personal information resources development and utilization. The second chapter analyzes the current existence of the Government Information Disclosure in China during the balance of power and lack of personal issues such as Can Control, and reasonable distribution of the information that the rights of the principal obligation and information managers is to coordinate government information and personal information protection. key Further details of the information content of the main rights, information managers should follow the basic principles and information in government information managers in specific areas of obligations. Chapter III recommended the establishment of a healthy and legal mechanisms and self-regulatory mechanism for protection of personal information in the system of government information publicity, building on open government information and personal information protection coordination mechanism of comprehensive, in-depth analysis of my personal information, government information legal protection status and the Government internet protection of personal information in the status of self-discipline, and discusses the Personal Information Protection Legislation in China’s choice of how to "Open Government Information" legislation and enforcement mechanisms of convergence and other problems.
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