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Research On The Right To Be Forgotten

Posted on:2018-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q ChenFull Text:PDF
GTID:2346330518977170Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The publication of EU's proposal of General Data Protection Regulations in 2012,especially the right to be forgotten, has aroused widespread concern and discussion in the theory and practice. Although General Data Protection Regulations passed by the EU in 2016 only retains the title of the "right of erasure" and maintains"right to be forgotten"although with it by a special mark to indicate the two concepts are in same. As the rapid development of computer and information technology and the large-scale of collection and shareing of pesonal data in the globalisation, that the public have urgent demands for personal data protection, while regulations for personal data protection in Member States European Union are inconsistent and unpractical, and then in order to strengthen and unify the personal data protection and free flow of personal data within the Union,right to be forgotten was raised. General Data Protection Regulations designs right to be forgotten systematically and comprehensively by formulating subject,object,the applications and exceptions, tort liability of right to be forgotten, thus provides not only a legal model for the theory research of right to be forgotten and the protection of personal information ,but provide a realistic reference for the protection of personal information legislation and judicial practice. Therefore, it is of great theoretical and practical significance to deal with the protection of personal information by deep-going research of right to be forgotten on the basis of the contents of the General Data Protection Regulations and the achievement of academic research. This paper is divided into four parts to explore and discuss the right to be forgotten.The first part discusses the generation and development of right to be forgotten. What is right to be forgotten and why it is raised are logical starting points of the discussion of right to be forgotten. Thus, in order to lay the logical foundation of deeper research of right to the forgotten that this part firstly defines right to be forgotten and discusses the legal basis of right to be forgotten, and then analyze its theoretical and practical development.The second part discusses the components of right to be forgotten. Exploring the components of right to be forgotten is analyse right to be forgotten from the inside in the end, so I will specifically analyze subject,object and content of right to be forgotten in this part.The third part discusses the exception and relief of the right to be forgotten. As an important part of the implementation of right to be forgotten,the restriction and relief of right to be forgotten are related to the balance of legal value and have important practical significance. Thus, it is necessary to have a deep discuss to define the definition and protection of the right to be forgotten.The last part discusses enlightenment that right to be forgotten have to protection of personal information in our country. It is necessary to return to the erasure of information and the protection of personal information of our country eventually when talking about right to be forgotten. Therefore, this part discusses the localization of right to be forgotten in our country according to the theory research and legal practice of our country and then states specific legislative enlightenment that regulation of European Uion on right to be forrgotten have for right to personal information,especially right to erasure of personal informtion in our country.
Keywords/Search Tags:Right to be forgotten, Data subject, Data controller, Erasure
PDF Full Text Request
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