| Nowadays the society enters the information age,the protection and utilization of personal information is paid more attention by all countries in the world.Our country has promulgated a protection law of consumers’ rights and interests,electronic commerce Law,Personal information protection law and other laws,gradually established consumer personal information protection system,promoting the orderly development of electronic commerce.Consumer’s right to delete personal information as an important part of consumer information rights and interests plays an important role in safeguarding consumer information security.However,privacy policy,as a personal information processing rule that consumers must read carefully before using various products or services on e-commerce platforms,is often difficult to be effective due to nature,content and other problems,resulting in difficulties for consumers to exercise the right to delete personal information in reality.Therefore,our country needs to further perfect consumer personal information deletion right system to meet the needs of consumers protecting their information rights in the information age.In addition to the introduction and conclusion,this paper mainly includes five parts.The first part is the right to delete and consumer information rights and interests.First of all,it distinguishes the right to delete from the right to be forgotten from the aspects of value function and scope of application,and clarifies the nature of the right to delete,positioning it as a specific right of personal information right,which belongs to civil rights and personality rights.Secondly,it interprets the rights and interests of consumer information.This paper holds that the right to delete is an important part of the rights and interests of consumer information,and both the state and the operator have corresponding protection obligations.Finally,based on the current situation of frequent infringement of personal information,the necessity of consumers exercising the right to delete information to protect their own rights and interests is analyzed.The second part is the legal analysis of consumer personal information deletion right of our country.The legislation of the right to delete is gradually becoming complete.The Network Security Law,the Civil Code,the Protection Law of Personal Information and other laws all have provisions on the right to delete.The right structure of Chinese consumers’ right to delete personal information is reasonable.Consumers can strengthen the control of personal information through the right to delete and realize information self-determination.The third part is the dilemma of consumers exercising the right to delete under privacy policy.The privacy policies of e-commerce platforms are selected as samples to analyze the nature and content.At present,the nature of privacy policy is mainly contract theory and self-discipline rule theory,but this paper believes that privacy policy has the dual attributes of self-discipline rule and contract.As for the content of privacy policy,it discusses many deletion situations from the deletion of information by consumers and the deletion of information by e-commerce platforms.Based on the above empirical analysis,the current dilemma of consumers exercising the right to delete on e-commerce platforms is summarized.The dilemma mainly involves six aspects: privacy policy,as the basis of exercise,is limited and fails to play a role in regulating information deletion activities;It is difficult to realize the validity of deleting information because anonymous processing is not applicable to delete information.The authenticity of the platform’s performance of obligations is unclear,and consumers cannot understand the information processing facts;The deletion obligation of the third party is unknown,and the personal information of consumers cannot be completely deleted;The communication channels between consumers and platforms are not smooth,and the process of e-commerce platforms responding to requests is lengthy;The supervision and management mechanism outside the platform is insufficient,and the whole process supervision of the e-commerce platform has not been realized.The fourth part is the investigation of the legal protection of the right to delete personal information of extraterritorial consumers.The EU has a relatively high level of legislation,and GDPR has a more comprehensive provision on the right to delete.Although the United States has a conservative attitude towards the right to delete at the federal level,the state legislation is becoming more and more mature,and the CCPA is representative to a certain extent.Japan has gradually improved its personal information protection system by drawing on the rights protection mode of Europe and the United States.At present,it has stipulated the obligations of different subjects to delete personal information and paid attention to solving the problem of personal information protection through complaints.In the future perfection of deletion right,our country should base on national conditions,summarize experience,pay attention to the balance of personal information protection and utilization.The fifth part is the consummation of consumer’s right to delete personal information.Based on the above analysis,the author puts forward some suggestions for improvement,which mainly involves six aspects: optimizing the privacy policy to regulate the deletion of information,clarifying the nature of the privacy policy,and modifying the content of the privacy policy;Improve the anonymization processing and delete the applicable rules,prudently implement the anonymization processing;Build a public record system after the platform is deleted to ensure the authenticity of the e-commerce platform to fulfill the obligation of deletion;Clarify the information deletion obligations of the third party subject to achieve the thoroughness of personal information deletion;The consultation methods between consumers and e-commerce platforms should be broadened,the contact information of the person in charge of personal information protection should be published in the privacy policy,and the process of e-commerce platforms responding to requests should be simplified;Improve the supervision mechanism of consumers’ personal information,establish a whole-process supervision model,and give play to the management role of industry associations. |
