Research On Right To Data Erasure

In the era of big data,people were aware of finding out that the Internet has saved personal data and information continuously and relentlessly,some former data and information suddenly appeared again in an unexpected scene,in the time of panic and anxiety,it was an urgent requirement for people to erase those personal information and data which was roaming on the Internet and has or may have a negative impact through technical and legal means.Therefore,the right to data erasure has attracted worldwide attention.The study found that there are two types of right to erasure,one is based on the right to claim obligation,and the other is based on the right to claim personality.The first type of right to erasure refers to where the ways to collect or process data subject's information violate the law or the parties' agreement,the data subject has the right to require infringer or defaulting party to erase personal information based on the tort law or contract law,that is,the right to claim obligation.Such right to erasure,which has been stipulated in international treaties and municipal laws of most countries for a long time,may have little to say about present studies.The second type of right to erasure means that information subject,based on the right to claim personality and the right to information self-determination,has the right to require information controller to erase information that data subject has been published on the network in a legal form(self-published or published by others),including their own outdated,irrelevant(or no longer relevant),beyond the information purpose or used at beginning,unless the information is retained for legitimate reasons.As a new method to protect personal information and an important competence in the right to personal information,this kind of right to erasure represents a tendency to further expand personal data rights,especially in the context of social network services as well as civil interaction and transaction,whose value is to safeguard personal interests,dignity and freedom.Therefore,the second kind of right to erasure is the research object of this paper.The protection for the right to privacy is the private secret information that has not been disclosed,while the right to erasure is to protect information that has already legally disclosed trying to transfer the personal information from the public domain to the private domain.Therefore,the right to privacy is beyond the reach and the right to erasure appears reasonably and necessarily.Protecting personal information by the right to erasure is withdrawn from the public,but speech freedom as well as the public's right to know require personal information.Therefore,the right to erasure has a certain intensive relationship with speech freedom,the public's right to know and the public interest.However,under the concept of equal rights protection,we must adhere to the priority principle of public interests(social),these discording relationships can be resolved through effectively adopting the principle of proportionality in legislation and justice.In judicial practice,the right to erasure was firstly recognized in the case of “Google v.Gonzalez”,and General Data Protection Regulation issued by EU legislation first stipulated the “right to erasure(right to be forgotten)”.In Russian substantive law,there were rights to erasure not only in both civil code and information law,but also in civil procedure code.Most countries and regions in the world all recognize the value of the right to erasure.Therefore,the legalization of the right to erasure is a worldwide trend.China should learn the advanced experiences of protecting right to erasure from the international community combined with China's national conditions and make right to erasure.Currently,the right to erasure can be protected by an expanded interpretation of article 111 of the general principles of civil law,article 43 of Cyber Security Law and article 36 of Tort Liability Law.In terms of legislation,right to erasure can be clearly stipulated in the civil law provisions · personality right compilation and the personal information protection law in the future,but the two laws should have different emphases on right to erasure.In judicature,the supreme people's court of our country should formulate the judicial interpretation related to right to erasure in order to clarify the scope of application and operation process of right to erasure.Therefore,a unified data protection agency should be established as soon as possible,and the role of the Internet society should be brought into full play.Moreover,the data life cycle theory should be fully explored and the data storage term should be set up to ensure the realization of right to erasure under the new“four-in-one” supervision mode.