Legal Problems Research On Right To Erasure Of Personal Data

Right to erasure of personal data is the right to request the data controller to erase the personal data related to data subject.In the Internet age,the data storage capacity is becoming more and more strong.When personal data transmitted to the Internet,it is almost'become permanent.The data continues to affect the data subject,but data subject can't control and erase these data.The voice of society to set up right to erasure of personal data is growing.In 2014,Court of Justice of the European Union made a decision on Google Inc.v.Gonzalez,which aroused great attention from the legal community of all countries and brought right to erasure of personal data into people's vision.In 2018,with the implementation of the<General Data Protection Regulation>,right to erasure of personal data has officially become an individual right in European Union.Whether China should construct the right and how to define the right's content,nature and subject-object have become a hot topic of academic research in recent years.The purpose of this paper is to explore the basic meaning of right to erasure of personal data,clarify its nature characteristic,define the subject,object and other related content,put forward the applicable rules and restriction,argue the necessity and feasibility of introducing the right into our country at present stage,and recommend the related legislative framework to build the right.The paper is divided into six chapters.The first chapter clarifies the concept of the right to erasure of personal data.Claiming right to erasure of personal data is the right to request the data controller to erase the personal data related to data subject.Based on a comparative study of the right to erasure of personal data and the right to be forgotten,it is concluded that,at this stage,in view of the fact that both the right to erasure of personal data and the right to be forgotten are still at a stage of uncertainty and continuous development,right to erasure of personal data should be named more appropriately than the right to be forgotten.The second chapter analyzes the nature of the right to erasure of personal data.It is pointed out that the right to erasure of personal data belongs to the right of personality.but it is different from the right of privacy,the right of reputation and other specific right of personality.The right to erasure of personal data and the right of personal information are interlinked from the subject,the object and the judicial practice.The right to erasure of personal data is a concrete expression of the right of personal information under the environment of big data's network,and the right to erasure of personal data should be included in the right of personal information.The third chapter analyzes the subject and object of the right to erasure of personal data.The subject is divided into two parts:the subject of right and the subject of obligation.The subject of right,also known as the subject of personal data,should be limited to natural persons.The subject of obligation is data controller,mainly including the source page controller and the search engine operator.The object of the right is personal data stored in the network.The fourth chapter studies the exercise and restriction of the right.It is pointed out that when the data processing loses the base of purpose or legality,the data controller has the obligation to delete the data and prevent the data from spreading further.The obligations of data controllers include delete obligation,review obligation.notification obligation and so on.This paper puts forward the restriction conditions to reach the balance of right,including the normal functions of state organs,the protection of public benefit,the right to expression freedom and the public right to know,and other special circumstances.The fifth chapter analyzes the necessity and feasibility of constructing the right in our country.It is considered that the construction of the right is the need to eliminate the negative effects,to eliminate the plight of judicial practice.to protect the security of personal data and to promote the development of Internet enterprises.At present.there are laws and regulations related to the right to erasure of personal data in our country,and some data controllers have carried out relevant attempts,which makes it feasible to construct the right to erasure of personal data,and the right should be constructed as soon as possible.The sixth chapter puts forward some suggestions on the system design of the right to erasure of personal data in our country.Proposing to legislate Personal Information Protection Law and revise existing laws,and construct the framework of the system content.