A Study on The Legal Affair of Government Information in the Signification of Open Government.
| Autor: | Min-Syuan Kang, 康敏軒 |
|---|---|
| Rok vydání: | 2019 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 The success of a law and its legal system depends on the awareness of legislator about applied object and the appropriate application of enforcement about its legislative intention and purpose; To the Freedom of Government Information Law, its purpose was consolidating with three different orientations, and it originally should be a stable triangle, however the practical workers are often focusing on the discussion of ‘right to know’, then neglecting the fairly utilization of information and the achievement of democratic principle. Since the unbalance explanation have made that vague structure of those three legislator purposes, it also leading the misunderstanding and blind spots to juridical practitioner while they are dealing with the conflicts of other laws, especially in the orientation of the policy of Open Government, those conflicting questions will trigger an mutual exclusion and interacted affections between the policy and relevant laws, such as Cyber Security Management Act and Personal Information Protection Act. Therefore, this dissertation would be started by the legal foundation of the Freedom of Government Information Law, observing the differences of development and establishment between the local and foreign legal system for reviewing our integrity in legislator purposes and its interpretation. Second, recognizing the defects of our legal system and applications by gradually inspecting the circumstances of law application from Ministry of justice and each court, afterward provide the advices for exclusion applied and the restrictions on publication of government information separately. In addition to research for the restrictions, consulting the information assessment mechanism which has built by General Data Protection Regulation, essay to assimilate the considerations into our local operation structure. Further integrating the risk of system failure and the feasibility of public commentary for being another way to think the considerations about the restrictions on the Freedom of Government Information. Final, discussing and also suggest the possibility and a miniature on the establishment of an independent supervisory authority, in hope to provide some reference to the future legal amending direction in Taiwan. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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