Understanding The Right To Erasure From The Comparative Perspective Between EU And China

The EU Commission has strengthened individuals' rights by ensuring that they enjoy a high level of protection and maintain control over personal data,including strengthening 'right to erasure',i.e.the right of individuals to have their data fully removed when they are no longer needed for the purposes for which they were collected or when he or she withdraws consent or when the storage period has expired.While in China,there's no general data protection legislation,but traces of data protection may be found in a multitude of sector-specific legal instruments.Since the new EU rules on the fundamental right to the protection of personal data also apply to the processing of personal data by a controller or processor not established within the Union,this paper applies the documentary analysis method and seeks to construct an outline of right to erasure.Apart from the introduction and conclusion,the thesis contains three chapters:In chapter I,it reviews the process of legislation on right to erasure in EU.Firstly,it explores necessity and historical origin of right to erasure from the perspective of theory,criticisms to its conception and proposal,and the comparison with right of privacy;secondly,it illuminates the current legal framework in EU including the extent of application and exceptions and the recognitions on right to erasure in other non-EU countries.In chapter 2,it discusses the rules related to right to erasure in China.Firstly,with cases,the paper examines the scattered stipulation regarding to the right to erasure in China.Secondly,it contrasts right to erasure in GDPR with that in Chinese legislation,points out the possible objections and the lack of recognitions in legislation.In chapter 3,it analyses the extraterritorial effect of the General Data Protection Regulation.Firstly,it identifies the expansion of territorial scope under GDPR:the scope of GDPR extends to processing carried out by non-EU entities with a 'relevant'establishment whose activities in the EU are 'inextricably linked' to the processing of data.This effective principle has significant influences on data processing activities,casting a heavy burden on Chinese enterprises when dealing with relevant situation.Secondly,the paper presents some approaches to responding to the newly confirmed right,including encouraging enterprises to compliant with GDPR,promoting to make domestic legislation perfect and taking an active part in negotiation on international rules.In conclusion,the right to erasure under GDPR responds to the new challenges of the Internet era and strengthens data subjects' control over personal data.It also has a great effect on other countries.This paper holds that the right to erasure should be established in a proper data protection regime in China's future personal information protection law reforms.