Chinese Localization of the Right to Be Forgotten

Abstract

The right to be forgotten is a new trending right that originated from the European Union and is transferring to China. To break down the Bentham’s panopticon of comprehensive digital memory, it is necessary for China to adopt the right to be forgotten. While the Chinese legal framework of personal information has not been completed yet, the Draft of Personal Information Law implies a focus on duties of controllers and interests of minors. By analysing possible legal attributes of the right to be forgotten, it can be noted that typifying the right to be forgotten is essential, but the problem of exercising limitation and of the asymmetric information market have not been solved. To tackle these problems, one solution is to specify the requirements of the government, the organization and the information subject with balance; the other is to perfect the right to be forgotten referring to the Informed Consent Principle and complement other principles to support the entire personal information protection system.