Archives semiannual

Volume Number / Issue Number 20/2
Theme N/A
Title The Concurrence of Laws between Archives Act and The Freedom of Government Information Law: Opinions
Issued Date 2022/12
Author Chang Wun-Being
Abstract When people apply for government information from government agencies, they often face the problem of concurrence of laws between Archives Act and The Freedom of Government Information Law. Because the two laws form a boundary that is difficult to demarcate in practical operation, many disputes have arisen, affecting administrative efficiency ultimately. In order to provide a set of reasonable judgment standards for government agencies, this article collects different opinions on the practice of judicial judgments, extracts the key points of concurrence of two laws, and quotes the basic theories of administrative law, such as the principle of administration according to law, the principle of proportionality, and the principle of public welfare, discusses the reasons for the opinions of judicial practice, and attempts to seek reasonable judgment standards from different opinions of judicial practice to provide the government with discretion. Hoping to take account of the right to know of the people, national security, official secrets, personal privacy protection, and the administrative efficiency of government agencies to avoid subsequent disputes.
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Last Updated: 2022-06-30
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