The Balance Between the Open Government Data and the Personal Information Protection -Focus on the Financial Data

• Main Authors: WU, YI-LING, 吳翊菱
• Other Authors: YU, CHI-MIN
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/19459656155703480374

碩士 === 東吳大學 === 法律學系 === 104 === Open government data (OGD) has become an important policy among government administrations around the world. The world is witnessing the growth of a global movement facilitated by technology and social media and fuelled by information – one that contains enormous potential to create more accountable, efficient, responsive, and effective governments and businesses, and to spur economic growth. Open data can increase transparency about what government and business are doing. Open data also increase awareness about how countries’ natural resources are used, how extractives revenues are spent, and how land is transacted and managed. All of which promotes accountability and good governance, enhances public debate, and helps to combat corruption. Managing government information as an asset will increase operational efficiencies, reduce costs, improve services, support mission needs, safeguard personal information, and increase public access to valuable government information. This research discusses the development and policies of OGD in several countries and international organizations, including the United States, the United kingdom, New Zealand, Australia, Canada, European Union, Ireland, Japan, Singapore, OECD, World Bank, and Group of Eight. We recognize that free access to, and subsequent re-use of, open data are of significant value to society and the economy. Providing access to government data can empower individuals, the media, civil society, and business to fuel better outcomes in public services such as health, education, public safety, environmental protection, and governance. Since the Freedom of Government Information Law, Administrative Procedure Act, and other related legislation are enacted and put into practice, Taiwan government has gradually institutionalized the regulation of freedom of government information and been able to join the rank of other major democratic countries in this regard. Particularly, OGD in Taiwan has received significant attentions in recent years. Both central and local governments frequently and urgently hold meetings and conferences to discuss this topic with the general public including individuals, private enterprises, and nonprofit organizations. Giving citizens freedom of access to government information, with open and transparent data, is the bedrock for citizen engagement in government affairs. At the same time, promoting the value-added utilization of data is viewed in many countries as an important element of economic growth and public governance. To keep up with this international development trend and push faster toward a more liberal information environment in Taiwan, the Cabinet’s National Development Council formulated and launched the Advanced Action Plan for Open Government Data. Based on the policy proposals set out in the Ide@ Taiwan 2020 white paper, this action plan maps out substantive steps toward enhancing data opening in the government sector. By encouraging government agencies to deepen opening of data, and enhancing the governance model for data collaboration between the government and private sectors, it aims to establish Taiwan as an international benchmark of liberalization in this sphere. In addition, a preliminary framework is developed and proposed in the research for evaluating the impact of OGD on personal privacy. Tax returns and return information includes a taxpayer’s identity, the nature, source, or amount of his income, payments, assets, etc., which involves many private items of taxpayer. Regarding the information about a taxpayer in connection with the property, income, business and tax payment of said taxpayer, the tax officials shall keep such information strictly confidential without disclosing them to any other person except the following persons and institutions. Purpose specification and use limitation principle ” is the primary principle of data protection. This principle is very important to the protection of information privacy of taxpayer; however, it still admits many exceptions.