On The Right Of Deletion In The Personal Information Protection Law

With the development of technologies such as the Internet and big data,digital memory has far surpassed the limits of human memory,and all kinds of information are kept in the apps of our cell phones,while our control over them is neglected.To further meet the needs of personal information rights protection in China,the Personal Information Protection Law came into effect on November 1,2021,and at the same time,the text of each APP privacy policy has been updated and adjusted accordingly.However,in practice,the nature of the right to delete personal information,the specific exercise of the right to delete in practice,the effect to be achieved by "deletion",and the supervision after deletion are still relatively vague,regardless of the legal provisions,the extensive research and discussion in academia,or the specific privacy policy provisions in APPs.Therefore,it is important to clarify the content of the right to delete personal information,and to clarify the exercise of the right to delete personal information and its protection in practice,taking our current mobile applications,which are widely used,as the object of study.The first chapter of this paper introduces the nature of the right to delete personal information in the Personal Information Protection Law as a personal right rather than a property right,and as a general personality right rather than a specific personality right,and analyzes that,in terms of specific exercise,under the current legal framework,the right is the right of the information subject to request deletion from a specific information processor when the circumstances specified in Article 47(1)of the Personal Information Protection Law are met,but The application of this right to search engines should be subject to necessary restrictions.The second chapter of this paper introduces the relevant provisions of the EU right to be forgotten and argues that although the right to delete personal information in China has a similar appearance to the EU right to be forgotten,there are still specific differences in terms of the trigger conditions,the object of obligation and the value orientation.In addition,it is proposed that although there is no need to introduce a separate "right to be forgotten",we can learn from the legislative experience of the right to be forgotten and add the obligation of notification to the information processor and additional defenses to the right to delete personal information.Chapter 3 of this paper mainly analyzes the privacy policy texts of 27 APPs that are widely used in China’s current practice,and presents the problems that exist in the texts of some APP privacy policies,such as the absence of the operator’s active deletion obligation as stipulated in the law,the lack of specific operational guidelines for users to delete personal information by themselves,and the lack of legal remedies for infringement of the right to delete personal information.Chapter 4 of this paper puts forward suggestions from two perspectives: the construction of the system of the right to delete personal information and the improvement of the text of privacy policy in APP.As for the former,the content of the right to delete personal information can be improved by distinguishing the subject of the right,enriching the content of the right to delete personal information,and enriching the grounds for defense.For the latter,in terms of improving the form of the privacy policy text,it can be improved by simplifying the way to obtain the privacy policy and providing a list of information collection.In terms of improving the content of the privacy policy,it can be improved by limiting the terms of information collection without consent,clarifying the operator’s obligation to actively delete,and broadening the types of personal information that users can delete on their own.