日前,广州市房地产档案馆将泄露番禺“房叔”信息的责任人撤离岗位,并给予其行政记过处分。客观地说,广州市房地产档案馆所作的处罚决定,是针对个人信息系统管理漏洞问题。无论从程序性原则,还是法定的程序要求来看,都有其正当性。相反,把处罚与打击报复相联系,不但没有确切依据,还透露出判断的情绪化。如果以程序正义为出发点,似乎没有模棱两可的余地。然而,这里隐去了程序正义的默认前提,即程序的合理正当,且畅通可行。 Recently, the Guangzhou Municipal Real Estate Archive will disclose the Panyu “uncle uncle ” information of the responsible person withdrew from the post, and give its administrative records had been punished. Objectively speaking, the Guangzhou Municipal Real Estate Archives made the punishment decision is for personal information system management loopholes. It has its own legitimacy in terms of procedural principles and statutory procedural requirements. On the contrary, the connection between punishment and retaliation not only has no definite basis, but also reveals the emotionalization of judgment. There seems to be no ambiguity if procedural justice is the starting point. However, the default premise of procedural justice is hidden here, that is, the procedure is justified and feasible.