Journal of Information Resources Management ›› 2022, Vol. 12 ›› Issue (2): 138-封3.doi: 10.13365/j.jirm.2022.02.138

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The Foreseeable Harm Standard in the Process Information Disclosure in the United States and Its Enlightenment to China

Li Ruirui1 Li Si2   

  1. 1.Southeast University Library, Nanjing, 211189; 
    2.Department of Information Management of Peking University,Beijing, 100871
  • Online:2022-03-26 Published:2022-04-25

Abstract: The newly revised Regulations on the Disclosure of Government Information in 2019 brings administrative process information into the category of relative disclosure. However, due to the lack of disclosure standards, government agencies often refused to disclose information only based on speculation or general reasons, which affects the transparency of the government. The Foreseeable Harm Standard formulated by the United States effectively restricts the exemption clause of excessive use of process information by government agencies. This paper studies the background, establishment process, specific contents and judicial cases of The Foreseeable Harm Standard in the United States, and puts forward the enlightenment to China based on the actual situation: narrowly define the scope of administrative process information exemption disclosure, introduce the foreseeable harm standard and formulate the disclosure standard of process information in China, and the court should strengthen the substantive review of administrative process information disclosure cases. This paper aims to improve the disclosure standard of administrative process information in China and promote the process of disclosure of administrative process information.

Key words: Process information, Foreseeable harm standard, Government information, Information disclosure, Disclosure standards

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