Administration organizations for special funds and publicly-owned enterprises newly subject to the disclosure of government information
E020313X6 Apr. 2002（E32）
The latest edition of the “Draft of the Law Governing Disclosure of Government Information” was recently made by the Ministry of Justice. According to the new edition of draft, the administration organizations for special funds and the publicly-owned enterprises are considered governmental organizations, and their relevant information should be disclosed. Meanwhile, procurement contracts on public projects should be listed as information disclosed voluntarily. The Mainland Affairs Council originally proposed that any national who has a registered residence in this country may apply for provision of the government information. However, based on the sensitive cross-straits relations and the protection of national security, the qualification of an applicant is restricted to applicants whose nationality is this country in addition to the aforementioned condition.
The new edition of draft also rules that the Executive Yuan should set up a committee on disclosure of government information to be responsible for examining the standards and procedures for disclosure of government information, and supervising the situations about disclosure of government information. National secrets defined by law, or other confidential matters as prescribed by laws, regulations or orders, or other matters which are restricted or prohibited from being disclosed should be restricted from being disclosed or should not be provided. Nonetheless, the draft also adds an escape clause which stipulates that the aforementioned restriction shall not apply in the circumstances when legislators, controllers, judges and prosecutors exercise their powers in accordance with the relevant laws.
Moreover, disclosure of government information shall be restricted or prohibited in either of the following situations:
(1) The publication or provision of information such as about examinations or appraisal of professional knowledge, sill or qualifications will affect performance of justice and efficiency.
(2) The publication or provision of matters about contracts, negotiations or litigation will improperly impair the financial benefits of government organizations or the position of an interested party.
Source: Liberty Times 03/13/2002
