Administrative Law Protection Of The Right To Delete Personal Information

The right to delete personal information,arises in response to the proper time and conditions when the development of the Internet makes people change from emphasizing information memory to oblivion.The protection of the right to delete personal information is within the cross-scope of public law and private law.When the protection of the latter has failed to cope with the requirements of personal information protection in the Internet era,however,the attention paid to the public law protection of personal information is in short.The protection of the right to delete personal information should be comprehensive,and the important link of executive law protection must not be missing.Starting from the perspective of executive law,the thesis explores general problems in the right to delete personal information firstly,defines the concept of the right to delete personal information,and makes clear the connotation of the right through a comparative study on the right to delete personal information and the right to be forgotten.Meanwhile,the properties as a public right of the right to delete is unscrambled to state that public law protection is an indispensable part of its comprehensive and systematic protection.While the basis of the executive law protection of the right to delete is described from the theoretical and normative perspectives respectively.Then,from the three aspects,that is,the necessity,particularity and feasibility,the legitimacy of providing executive law protection for the right to delete personal information right is proved.Under the development trend of public law and public law and private law,the public attribute of personal information meets the requirements of new public administration,and the protection of public law can just fill the deficiency of private law relief.Compared with private law protection,executive law also has the special advantages of realizing substantive justice,controlling social risks and shaping the general rules.In view of the legal protection of the right to delete personal information,the characteristics of the relationship structure between authority and right in executive law can balance social interests,and the professionalism of administrative management activities and the limitation advantage of administrative regulations have proved the feasibility of executive law protection.Last but not least,cutting in from the status quo of the legislation and practice of the administration law protection for the right to delete personal information,the thesis reveals the inadequacies of the right in administrative legislation,executive law enforcement and administrative relief.In addition,in allusion to the situation of the specific administration law protection for the right to delete as “inadequate prior,weak in the matter and vague after”,this thesis proposes suggestions for perfection from three phases,namely,prevention in advance,intervention in operation,and checks and balances afterwards.