Research On The Legislation Of The Right To Delete Personal Information In China

In the age of network information,society is full of all kinds of identifiable information.It is no longer possible to completely hide personal information.Personal names,home addresses,living areas and other content are recorded by big data moments.These collected information essentially form a kind of monitoring,which brings endless troubles to personal life.Therefore,the right to delete personal information has gradually become a hot topic in academic circles.China's Tort Liability Law,Cyber Security Law and E-commerce Law have made a brief stipulation on the right to delete personal information,and clarified three situations in which the right to delete personal information applies: request for deletion due to illegal acts,infringement The request is deleted and requested to be deleted due to compliance with the agreement.However,in the specific application,the information subject and the court often only recognize the first two requests for deletion,ignoring the situation of “requesting deletion due to compliance with the agreement”.The provisions on the time limit for retaining information in the E-Commerce Law even provide reasonable defenses for Internet service providers not to delete information.In industry practice,the content of the right to delete personal information is only in the oath phase.Although the right to delete is listed as a separate clause in the privacy policy,there are no detailed and reasonable provisions on the scope of application or limitation of specific rights..In judicial practice,since the legal provisions on the right to delete personal information are incomplete and can rarely be used as the basis for judicial decisions,the court's protection of the right todelete personal information is more inclined to pass the general personality right or a specific personality right.The current situation of legislation and practice on the right to delete personal information reflects the difficulties in its legislation.The existence of the right to delete personal information exists,and the purpose of its protection is in the case of one-sided,scattered and missing existing laws.How should we regulate its rights? In order to solve the dilemma of the right to delete personal information and better protect the rights and interests of personal information,it is necessary to supplement and improve the relevant provisions on the right to delete personal information in China.The right to delete personal information is intended to re-enter the personal information that has become obsolete,incorrect or illegal,irrelevant or no longer relevant in the privacy field by means of deleting information,thereby achieving the purpose of personal information protection.The right to delete personal information reflects the right of the information subject to autonomy of one's personal information.The legitimate interests to be protected are the personal interests and personal dignity exhibited by personal information.Of course,in the specific application,there may be situations of competing with other specific personal rights,but this does not mean that the right to delete personal information is optional.Before acknowledging the right to delete personal information,we must clarify that the purpose of the right to delete personal information is to prevent the re-emergence of information,and the exercise of its rights is not necessarily necessary to be harmed.For those that have not caused actual damage,If the conditions are not violated,the request for deletion may also be filed.This is also the key to distinguishing the right to delete personal information from other personal rights.In addition,in the process of applying rights,it is necessary not only to clarify the rights of the rights subject,but also to clarify the obligations of the subject,the object to be deleted and the applicable conditions.The application of the right to delete personal information also requires certain restrictions.When other rights arise conflicts,the rights can be measured by the principle of proportionality.The circumstances in which the restrictions apply can be directly typed,and the exceptions to which the rights are applied are clarified.Regarding the issue of retention time,the principle of minimum sufficient use should be adopted as the standard.The network service provider only needs to retain the information related to the purpose of retention,and the unnecessary information should be deleted in time.Judging from the content of the right to delete personalinformation,the traditional path of protection through a specific personality right cannot effectively protect the right to delete personal information.In China's legislation,the relevant content of the right to delete personal information needs to be given.Perfect,on the basis of clarifying the nature of the right to delete personal information,clarify and supplement the specific content of rights,and improve the supervision and relief system for the right to delete personal information,and realize the rights through the legal form of “single line + whole,unified + decentralized”Effective protection.This paper is divided into three chapters.The first chapter is the review of the status quo of legislation and practice.It mainly starts from the relevant legislation of the right to delete personal information in China,the relevant provisions of the platform for the right to delete personal information and the judicial practice of the right to delete personal information.theme.The second chapter is a detailed discussion of the problems existing in the norm,mainly analyzing the positioning of personal information deletion rights,rights protection and normative system.The third chapter is mainly on the previous issues,and put forward their own perfect suggestions.