Research On The Right To Delete Personal Information In My Countr

In the digital age,a large number of personal life trajectories have been digitally presented.The openness of social platforms and the convenience of sharing methods make the use of personal information become normal.Excessive collection,information leakage,edge transactions,data portraits and other personal information infringement incidents occur frequently,which poses a threat to national and personal information security.Based on this premise,it is a more appropriate choice to limit the control and utilization of personal information by deleting some personal information,so as to reduce the occurrence of risks.Comprehensive protection of personal information is to protect the basic civil rights enjoyed by individuals in the digital age.The legal regulation of personal information deletion is a more appropriate solution to ensure the self-determination of personal information and balance the relationship between information subjects,information processors and countries in personal information.Firstly,by summarizing the right to delete personal information,the definition and subject scope of the right to delete personal information are clarified.At the same time,it summarizes the application,implementation and legal effect of the right to delete personal information : the implementation includes two ways : the active deletion of the information processor and the request deletion of the information subject,and makes an extended explanation of the way of deletion.One of the ways of logical deletion ’ Anonymization ’ is included in the scope of deletion,and both physical deletion and logical deletion are regarded as important ways to realize the right to delete.Secondly,it summarizes the causes and current situation of personal information deletion regulation.The main reason for the regulation is the realistic demand of personal information protection to avoid risks in the digital economy era,including the risk of personal information being long-term recorded and over-excavated,and the risk of information leakage and information distortion.The realistic need is to establish the normative control of the right to delete to reduce the risk,which is in line with the needs of the use and protection of personal information.At the same time,it combs the legislative status and judicial practice of the right to delete personal information,analyzes the focus of debate on the right to delete personal information in the ’ first case of face recognition ’ and ’ micro-vision case ’,and summarizes the current legal problems in the exercise of the right to delete : the right structure of the right to delete personal information needs to be improved,the protection of rights is insufficient and the legal protection mechanism is not perfect.Thirdly,a comparative analysis of the strict provisions of the EU ’s "General Data Protection Regulations " and the legislative progress and legislative attitude of the laws of Russia and Japan,to find out their intersection in terms of operating mechanism and concept,in-depth study of China ’s information deletion right legislative background and judicial practice,found that China ’s deletion right system dilemma,obtained the enlightenment to China ’s personal information deletion legal regulation : it is necessary to establish a special information protection regulatory agency,legislative design should take into account substantive law and procedural law,enhance industry self-discipline,and achieve the goal of balancing public interests and personal interests.Finally,by analyzing the legal dilemma of the regulation of personal information deletion in China,based on the existing system and its implementation status outside the domain,combined with China ’s national conditions,the regulation suggestions for the deletion of personal information in China are summarized : First,improve the right structure of the right to delete personal information in China by refining the subject of rights,clarifying the object of rights,and enriching the content of rights.Second,optimize the right relief of personal information deletion right.Improve the legal responsibility of personal information deletion right by establishing a scientific punitive compensation system;using technology and privacy policy updates to clarify the re-identification risk assessment obligation of anonymous information,to refine the extension of the information processor ’s deletion obligation;improve the evidence collection system and preservation procedures,and clarify the distribution of the burden of proof for inverted personal information infringement.Third,it is to improve the protection mechanism of personal information deletion right.By establishing a special information supervision institution,improving industry self-discipline and self-regulation,and following the principle of limited use of information retention,the two-way balance between information circulation and personal information protection is finally realized.