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Govt information disclosure framed in administrative reconsideration

Updated: Jan 04,2022 16:00

The State Council has approved a guideline on handling administrative reconsideration cases involving government information disclosure, according to a circular released by the General Office of the State Council on Jan 4.

The guideline, from the Ministry of Justice, entitles citizens, legal persons or other organizations to apply for administrative reconsideration if government actions in information disclosure are deemed to have infringed on their legitimate rights and interests.

Applicants may do so when an administrative organ refuses to disclose, in part or in whole, or says it is unable to provide government information they request, refuses to handle their request or fails to address it after the set time limit; when they believe government information provided by the administrative organ is not what they requested; when they believe the voluntary or requested disclosure of government information violates their trade secrets or personal privacy; among other situations.

The guideline also specifies conditions where applications for an administrative reconsideration will not be accepted, and if a case is built, the scope of respondents as well as key items warranting an investigation from the authority in charge of administrative reconsiderations.

It also defines when the authority should decide to maintain or change government information disclosure, reject an application, or prepare a position paper for administrative reconsideration, where the authority can suggest accountability.