Research On The Right To Erasure And Its Remedy Mechanism

In order to protect the rights and freedoms of data subjects,EU's " General Data Protection Regulations" endow data subjects with a series of data rights.Among them,the establishment of erasure rights has attracted widespread attention in the legal and Internet fields.Data subjects can apply to delete relevant personal data links under certain conditions.The right to erase has its embryonic form of " delete-notify" right in the EU,and it goes through different stages of the same right from the right to be forgotten to the right to erase.In order to return to the law,the title of this right is erasure right.Whether it is based on China's personal data protection for reference,or in order to deal with the legal and reasonable EU field data,it is necessary to have an in-depth understanding of the right to erase and comb the exercise of the right.The extensive collection and use of personal data in the information society inevitably brings threats and damages to the rights of data subjects.A right is urgently needed to strengthen the status of data subjects and the autonomy of individuals over data.The main body of this article focuses on the contents of three parts.The first part analyzes the theoretical basis and nature of erasure right on the basis of analyzing the origin and development of erasure right and the relationship and distinction between erasure right and forgotten right.The second part mainly discusses the platform relief mechanism,administrative relief mechanism and judicial relief mechanism.The controller and processor of network data undertake the obligation to review the application of the data subject and delete the relevant data link.The platform relief of the data controller and processor and the online dispute resolution mechanism of the neutral organization jointly constitute the non-litigation relief of the erasure right.Regulatory agencies such as the Data Protection Bureau provide administrative relief when the data subject fails to exercise its rights through the network platform.Judicial relief is the ultimate remedy for rights.As the data subject,the plaintiff seeks judicial relief by applying for court support to delete the data link.In the process of judicial relief,the plaintiff needs to prove the legitimacy of the right of erasure.In addition,the plaintiff can also claim compensation by proving the material or non-material damages suffered.Defendants need to bear the burden of proof for the legality of data processing and can provide exemption certificates for the plaintiffs' compensation claims.The third part adopts the method of comparative study,based on the first two parts of the paper to sort out the connotation of erasure right and the discussion of relief ways,the author sorts out the public law relief mode to protect erasure right through personality right and the private law relief mode to protect erasure right through privacy right.Both of these two modes of protection need to pay attention to the scope of the exercise of rights and the measurement of interests.At present,we should combine the current situation of our country's legislation and judicial practice,draw lessons from the relevant provisions and practical operations of the extraterritorial erasure right,clarify the important conditions for the exercise of the erasure right,set reasonable limits for the exercise of the right,establish corresponding relief mechanisms,continuously improve the protection of personal information in our country,and strike a balance between the protection of the rights and interests of data subjects and the protection of citizens' freedom of speech,the right to know and the development of the data industry.