Study On Right To Erasure In Blockchain Environment

Although countries are gradually strengthening the protection of personal information on Blockchain and exploring the practical application of Blockchain technology,it is difficult to apply the Right to Erasure in Blockchain environment mainly because the information on Blockchain is undeletable.The main problems include the definition whether personal information includes the address and related additional information,identification of the information controller and the processor,the exercise and limitation of the Right to Erasure,and the remedy for it.This study is aiming to analyze the characteristics and operation rules of Blockchain,and make it clear that the personal information on Blockchain contains the address,additional information existing in the form of plaintext and encryption in general cases,and additional information in the form of encryption and hash in the case of reidentification.This study analyzes the essential element and formal element of the personal information,aiming to make it clear that the controller on Blockchain is the participant,and the processor is the miner as well as the developer of the smart contract.On Blockchain,the address is restricted to be deleted based on the contract or legal interest.In general,the additional information existing in the form of encryption or hash can be deleted by destroying the key or deleting the original text.Additional information in plaintext or in the form of encryption and hash in the case of reidentification cannot be deleted,but the controller should be exempted from the obligation to delete the information under the condition that the controller obtains the authorization and consent of the information subject after reasonable risk warning.On Blockchain,information subjects can conduct self-help behaviors through smart contracts,while controllers can act in self-defense through smart contracts.Information subjects can also defend the Right to Erasure through public remedy such as bringing a suit in a People’s Court,requesting the executive to enforce the law or reporting the case to public security bureau.