Information Disclosure: Nomothetic Analysis on Disclosure of “Formulated” Information

Abstract

Formulated refers to government that obligee requests administrative body to formulate and collect or that is by a summary, analysis and processing on some government information. When the focus point is concentrated on the research on exception clauses with respect to disclosure of government such as three-securities and one-stability, state secret, business secret, individual privacy, process information and internal information, as well as the judicial review on disclosure, there is one phenomenon ignored. Namely, one kind of i.e. the government ought to be by administrative body by law, was not disclosed under the legislated judicial interpretation since such was excluded from the scope of accepting cases as stated in the Stipulation of the Supreme People's Court for Several Problems on Hearing the Administrative Case of Government Information Disclosure (2011) (hereinafter referred to as the Stipulation). This phenomenon infringes the public's right to know and supervise so that applicant becomes unavailable to access to such information. This goes against the ultimate legislative intent of the Regulation on Disclosure of Government Information (hereinafter referred to as the Regulation). As a result, formulated becomes a part concealed from the disclosure of government information.