What are the exemptions for government information disclosure?

Our government is a government that serves the people and safeguards their legitimate rights and interests. In order to promote the fairness and openness of government work, China has implemented the government information disclosure system. Make public daily work and economic expenditure. But sometimes, some contents involving the privacy of the state, the government or individuals are publicly exempted. The first is the relationship between state secrets and work secrets. Because state secrets are clearly stipulated in the Law on Guarding State Secrets, in local work, it is not clearly stipulated whether the exception of government information disclosure is also applicable to situations that do not belong to state secrets but belong to work secrets. In the process of formulating the "Regulations", it is considered that work secrets should also be classified as non-public scope, but they are worried about being abused in practice. Finally, there is no explanation, so that local governments can refer to state secrets for implementation, and legal risks are inevitable in specific operations. The second is the definition of trade secrets. Because the definition of trade secret is mainly based on the expression in the anti-unfair competition law: "technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and kept confidential by the obligee", which belongs to the scope of economic law adjustment and has gone beyond the scope of administrative law. Many administrative organs think that it is beyond their professional ability, which objectively affects the implementation of this non-disclosure situation. The third is the definition of personal privacy. Personal privacy is a concept of civil law, which is beyond the scope of administrative law. Administrative organs generally believe that identifying personal privacy is not only beyond their ability, but also has great legal risks. According to The Road to a Government under the Rule of Law (20 10—20 12 Research Report Collection) compiled by Shanghai Administrative Law Society, a survey in 20 12 years showed that 30.7% of the staff of the government information disclosure agencies interviewed believed that there was no clear definition standard for personal privacy and business secrets, which made it difficult to know who should identify and identify them. In this regard, the author believes that we can learn from the practices of Japanese and British and American governments in information disclosure, that is, we should not take business secrets and personal privacy as the criteria for non-disclosure, but include all information that may involve business secrets and personal privacy in the scope of non-disclosure. Japan's Law on the Openness of Information Owned by Administrative Organs lists personal information and group information as non-public information. Professor Zhu Mang pointed out that "personal information" covers a wide range, including all personal information such as personal thoughts, beliefs, identity, status and health status. The information exempted from disclosure in the Freedom of Information Act of the United States includes "personal information, medical information and similar information". The meanings of personal information and medical information are clear, while the meaning of "similar information" is vague. Before 1982, the interpretation of "similar information" was relatively narrow. In the case of 1982 "the State Council v. Washington Post", the Federal Supreme Court adopted a loose interpretation, holding that all information "applicable to a specific individual" applies to this exception. British laws on information disclosure also include "information related to personal information" in the scope of non-disclosure. Therefore, the author suggests that when amending the legislation, the situation that government information is not disclosed should be expressed as: "other financial information and commercial information that belong to trade secrets or may improperly affect its market competitiveness;" Government information that belongs to personal privacy or may involve personal privacy and the information subject is unwilling to disclose it, so as to avoid the implementation difficulties caused by the need to identify business secrets and personal privacy. The exemption of government information disclosure mainly includes state secrets, business secrets and personal privacy, so it is necessary to define and reasonably distinguish state secrets from work secrets. For personal secrets, it protects the sovereignty of individuals themselves. The exemption of trade secrets protects the secrets of business development, which is an area that government content disclosure cannot involve.