Font Size: a A A

The Research On Legal Protection On The Right Of Personal Information Deletion In The Age Of Network Information

Posted on:2019-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:W H XiaoFull Text:PDF
GTID:2416330545982061Subject:Law
Abstract/Summary:PDF Full Text Request
The right to delete personal information refers to the right of the data subject to propose to delete certain personal data against the data controller under certain conditions.It is an important means of personal information protection and aims to protect the personal dignity of citizens.The "right to be forgotten" as a form of expression focuses more on"forgetting" and personal subjective intentions,but it is not an independent new right that was bom in the era of internet information,but on the background of the era of big data.The perfection of personal information protection,and the expansion and improvement of the original "removal right" for the eternal data information,and on the basis of the original emphasis on the forgotten rights and autonomous rights enjoyed by the data subject.The right to delete personal information,whether from the purpose of exercising the right or the connotation or right of the right,is more abundant than the "right to be forgotten".Therefore,the "right to be forgotten" is an important part of the right to delete personal information.The right to delete personal information includes the "right to be forgotten".This right is a private right which is also a general right of personality.It also belongs to the scope of the right to request,or a right that is based on the right to privacy,right to forget,and the right to self-determination of personal information.The main body of rights here is that the information subject refers to a natural person who can be accurately and uniquely identified by some information.The rights content mainly includes the two aspects of deleting the personal information and withdrawing the permission to use the personal information,while the obligatory subject refers to Information controllers include natural persons,legal persons,organizations,and other organizations that process or use personal information in addition to the subject of information.The personal information that needs to be deleted is on the one hand,it refers to personal information that does not conform to the actual sitUation and is obviously wrong,on the other hand,it means that it is outdated and outdated.Continuing to collect will cause problems for the normal life of the information subject.The existing laws and regulations of our country only stay in remedy for the infringement of personal information security that has already occurred,and do not involve the "right to forget" of personal information,and there is not a specific law on the protection of personal information,and the deletion of personal information.The provisions are also more decentralized and general.This obviously does not protect the right of personal information.In the legislation,there is a problem that the content of the subject of rights is one-sided,the content of the content of the rights is too single and the law is too fragmented,and there is also a lack of unified supervisory organs,inadequate rights remedy mechanisms,and lack of publicity and education in the right protection mechanism.Mechanism issues.By understanding the legal protection of the right to delete personal information in the European Union,Japan,and the United States,we can see that the protection of the right to delete personal information can be formulated with specific legislation;the specific deletion criteria need to establish clear implementation rules,as well as for public interests and individuals.Conflicts between interests need to be weighed.In view of the current status of legal protection of the right to delete personal information in China,it should be based on relevant experience outside the field to make corresponding improvements and improvements to existing problems.It should be mainly reflected in the legislative and legal protection mechanisms for the right to delete personal information.On the one hand,.it is necessary to pass a special law to stipulate the details of the right,including the relevant rights of the subject of rights,the subject of the obligation,and the content of the rights.It also expands the scope of rights subjects and enriches the provisions of the rights content.On the other hand,it should also establish a unified regulatory body and improve the rights relief mechanism as well as improve the publicity and education mechanism to improve the legal protection mechanism for personal information deletion rights.
Keywords/Search Tags:The erasure right of personal information, Right to be forgotten, Personal information protection
PDF Full Text Request
Related items