政府信息公开与反公开的冲突及其消解

政府信息公开的本质就是保障公民的知情权。然而由于《政府信息公开条例》对个人隐私、商业秘密的概念、范围界定不明确,信息的价值属性,知情权与保密义务的矛盾等原因,使得政府信息公开与反公开的冲突在所难免。因此我们要适用人权保护、利益衡量、权利可克减、程序正当等原则;准确界定豁免公开的范围,建立信息安全、准确保障制度,完善信息豁免公开程序以及构建反公开诉讼机制,以合理有效地消解公开与反公开的冲突。

The Conflict and Resolution Between Government Information Disclosure and Anti-disclosure

The essence of government information disclosure is to safeguard people＇s right to know.However,because of either the ambiguously defined concepts between privacy rights and trade secret rights stipulated by Open Government Information Regulations,as well as the value-laden nature of information,or irreconcilable conflicts between the right to know and confidentiality obligations,making government information disclosure clash with anti-disclosure inevitably.In order to coordinate contradiction between government information disclosure and anti-disclosure effectively,the principle of human dignity,proportionality principle,principle of derogation on human rights and principle of due process should be applied.,Moreover,definition of exempt information for excluding the public from access to also needed to be defined as accurate as possible,so as to set up information security management system,to improve exemption process of public information,and to construct anti-disclosure litigation accordingly.