Research On The Improvement Of The Protection System For The Right To Erasure Personal Information

Civil Code and the Personal Information Protection Law reaffirm the legal protection of personal information,further incorporating personal information protection into the basic law,and for the first time,stipulating the right of natural persons to request deletion from personal information processors in the form of legal provisions.This has once again drawn the attention of many domestic scholars to the deletion right,an important part of personal information rights.With the advent of the information age,the collection and processing of information and data become increasingly complex,exposing everyone to the online environment.In the Internet era,people emphasize forgetting rather than remembering,which is why the concept of personal information deletion rights has gained attention.Improving the personal information deletion rights protection system is particularly important in this context.From an academic perspective,it is necessary to clarify the relationship between personal information deletion rights and the right to be forgotten and to elucidate their differences to better understand the nature of personal information deletion rights.Furthermore,by analyzing judicial cases and legislative status of deletion rights after the promulgation of the Personal Information Protection Law,we can identify shortcomings in China’s personal information deletion rights protection system,including insufficiently detailed distinctions among rights holders,difficulties in judicial remedies,the need for improvement in relief channels,overly broad exception provisions,and a lack of specific deletion time limits.These issues hinder the full protection of natural persons’ personal information deletion rights.Therefore,we need to explore solutions to these problems to better meet the rights holders’ demands for deletion.By systematically studying the legislation and judicial experience of foreign countries with different attitudes and measures regarding deletion rights,we can draw on their valuable insights.Based on a comprehensive review of relevant theoretical research,we can address the identified issues in China’s deletion rights protection system.Measures such as distinguishing between public figures,public officials,and minors,refining exception provisions,correctly applying the principle of proportionality,and improving deletion time limits should be adopted.Additionally,a graded classification management system should be established to protect the personal information security of rights holders.Moreover,clarifying the allocation of the burden of proof,determining liability for infringement,optimizing judicial relief channels for deletion rights,establishing a systematic application acceptance mechanism,reasonably narrowing the scope of refusal to exercise deletion rights,and forming a multidimensional protection system,including industry selfdiscipline,will enhance China’s personal information deletion rights protection system and safeguard the legitimate rights and interests of information subjects.