Research On The Civil Law Protection Of The Right To The Deletion Of Personal Data In China

With the breakthrough in the semiconductor manufacturing process,the data processing capacity of information network technology continues to improve,and data processing and information flow have become convenient and efficient,but the long-term storage and transmission speed of information have accelerated,which has also caused problems such as excessive information interconnection,information leakage,and illegal collection and trading of personal information.While people enjoy the convenience that technology brings,it also poses challenges to the protection of personal information.Therefore,in order to strengthen individuals’ control over personal information and ensure the integrity of individuals’ personal information,granting individuals the right to delete personal information is the true meaning of protecting individuals’ personal dignity and information security.Although the Civil Law clarifies that individuals have the right to delete information,there are problems in the protection of the right to delete personal information in the Civil Law,such as the legal attributes are not clear,the subject is more one-sided,the restrictions are incomplete,the exercise of the right is difficult,and there are conflicts with rights such as freedom of expression and the public’s right to know.In order to better discuss the protection of personal information under the civil law of the right to delete personal information,this article is divided into four chapters to examine these issues beyond the introduction.Chapter Ⅰ defines the right to erasure of personal information,distinguishes the concepts and attributes related to it,and clarifies the connotation of the right to erasure.Secondly,it analyses the subject and object of the right to erasure and the content of the right to erasure and,finally,it discusses the relationship between the right to erasure and the right to be forgotten.Chapter Ⅱ mainly discusses the problem of protection of the right to the delete,including the definition of the connotation of the civil law protection of the right to delete personal information;this paper analyses the legislative status and judicial practice of the civil law protection of the right to delete in China.Finally,it analyses the scope of the lack of distinction between the subject of special rights and the subject of duties is vague in the protection of the right to delete in China,the lack of restrictions on the right to delete,and the imperfect infringement remedy system of information subjects.Chapter Ⅲ mainly discusses the causes of the above-mentioned problems in the protection of the right to erasure in civil law,including the conflict between personal interests and public interests,and the conflict between information security and information dissemination.Chapter Ⅳ proposes specific countermeasures for the shortcomings in the protection of the right to delete personal information in China’s civil law.The first is the basic idea of dealing with related conflicts in cause analysis,including the introduction of the principle of proportionality to bridge the conflict of rights,and the application of the principle of balancing on a case-by-case basis to balance the conflict of values.Second,in improving the proposals,the scope of subjects of the right to delete personal information should be broadened,general processors and search engine service providers should be treated differently,restrictions on the exercise of the right to delete should be added,and the application of binary rules and principles and the establishment of punitive damages rules should be established.