Study On The Legal Protection Of The Right To Erasure Of Personal Information

The right to delete personal information refers to the right of the information subject to request the information processor to delete personal information under the circumstances stipulated by law,which aims to protect the individual’s right to self-determination of information and is a defensive right under private law.Since the right to delete personal information is a right arising from the rights and interests of personal information,the superior right to personal information belongs to the personality right.At the same time,the exercise of this right must be by means of request,so the attribute of this right is the right to claim personality rights.With the advent of the era of big data,although the Internet has provided convenience to our lives,the challenges that come with it are the gradual increase in the risk of personal information leakage and the possibility that personal information may be remembered permanently.Therefore,the protection of the right to delete personal information is even more important.In terms of legislation,China has initially established a legal system for personal information protection.China’s Civil Code provides general provisions on the right to delete personal information,the Personal Information Protection Law provides detailed provisions on it,and the Data Security Law and the Cybersecurity Law provide supplementary provisions on it.In the judicial field,through the analysis of two typical cases,it can be seen that before the implementation of the PIPL,each court had a large discretionary space for the protection of the right to delete personal information,and the degree of protection varied.Although on the whole,China’s legal protection of the right to delete personal information has been continuously strengthened,but the protection effect is still not satisfactory.Although the PIPL provides more detailed provisions on the right to delete personal information,there are still many theoretical difficulties in the legal protection of this right.In terms of China’s legislative protection,there are disputes over the right to delete of special subjects,conflicts between the right to delete personal information and other rights and interests,and other issues.In the practice of legal protection,there are difficult problems such as difficulty in the exercise of rights to achieve the effect of "deletion",low cooperation of obligated entities in exercising rights,and imperfect supervision mechanisms for the right to delete personal information.We should learn from successful experiences outside the region,base ourselves on our national conditions,and improve the protection of the right to delete personal information.In legislation,the right to delete personal information of special subjects shall be clarified,and the boundary between the right to delete personal information and other rights and interests shall be clarified;Strictly implement the "deletion" standard in the judiciary,reduce the cost of information processing,and improve the supervision mechanism for the right to delete personal information,so as to strengthen the judicial protection of the right to delete personal information.This paper is divided into five chapters,the first of which clarifies the background and significance of the topic selection,as well as the current research status at home and abroad.Chapter II provides an interpretation of the connotation of the right to delete personal information;Chapter 3 compares and examines the current legislative status of the right to delete personal information at home and abroad,and on this basis,attempts to find out the shortcomings in China’s legislation;Chapter IV compares and examines the current judicial status of the right to delete personal information at home and abroad,and explores the problems and shortcomings existing in the practice of the right to delete personal information in China;Chapter V provides corresponding suggestions for improving the protection of China’s right to delete personal information.