2014Journal of North University of ChinaRequires access

On the Right to Be Forgotten

Peng Zhi-yua

Open publisher page 1 citations

Abstract

The right to be forgotten is a newright,which is enjoyed by a natural person. In order to protect the safety of personal information and privacy,the right to be forgotten has been put forward in the network era. The right to be forgotten means that a natural person has the right to demand information controller to delete his information,when a legal or contractual reason appears. The right to be forgotten,included by the privacy right,is its extension. In order to safeguard and exercise the right to be forgotten,we need to clear its boundary,and harmonize these relations between the right to be forgotten and the freedomof speech,and economic freedom. In order to adapt to the rapid development of the network society,we need to learn fromthe experiences of the European Union,Korea and other countries and regions about the right to be forgotten,so as to perfect its legal protection in China,though the right to be forgotten has been regulated in the personal information protection lawin China.

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What this paper is about

The right to be forgotten is a newright,which is enjoyed by a natural person. In order to protect the safety of personal information and privacy,the right to be forgotten has been put forward in the network era. The right to be forgotten means that a natural person has the right to demand information controller to delete his information,when a legal or contractual reason appears. The right to be forgotten,included by the privacy right,is its extension. In order to safeguard and exercise the right to be forgotten,we need to clear its boundary,and harmonize these relations between the right to be forgotten and the freedomof speech,and economic freedom. In order to adapt to the rapid development of the network society,we need to learn fromthe experiences of the European Union,Korea and other countries and regions about the right to be forgotten,so as to perfect its legal protection in China,though the right to be forgotten has been regulated in the personal information protection lawin China.

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Available abstract

The right to be forgotten is a newright,which is enjoyed by a natural person. In order to protect the safety of personal information and privacy,the right to be forgotten has been put forward in the network era. The right to be forgotten means that a natural person has the right to demand information controller to delete his information,when a legal or contractual reason appears. The right to be forgotten,included by the privacy right,is its extension. In order to safeguard and exercise the right to be forgotten,we need to clear its boundary,and harmonize these relations between the right to be forgotten and the freedomof speech,and economic freedom. In order to adapt to the rapid development of the network society,we need to learn fromthe experiences of the European Union,Korea and other countries and regions about the right to be forgotten,so as to perfect its legal protection in China,though the right to be forgotten has been regulated in the personal information protection lawin China.

Key concepts: Right to be forgotten, Order (exchange), Right to know, China, The Right to Privacy, Exclusive right, Law, Right to privacy

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