Conflict and balance between the power of forgetting and freedom of speech
June 21, 2023 10:09 Source: "China Social Sciences" June 21, 2023 Issue 2676 Author: Xia Jisen Liu Jie

In the era of digital information,Personal information has extremely important value。Article 103, Paragraph 2 of the "Civil Code" stipulates: "Natural person discovers information processor violates the law、Regulations on administrative regulations or the agreed on both parties to handle their personal information,Those who have the right to request information processing to delete it in time。"as a special method for protecting personal information,my country's "Personal Information Protection Law" has determined the right to "delete the right" as the right to handle its information,and abandoned "the right to be forgotten"。"Personal Information Protection Law" Article 47 detailed the regulations of the Civil Code。This bar is divided into two models,The 1st paragraph stipulates: "There is one of the following circumstances,Personal information processing persons should actively delete personal information; personal information processors have not been deleted,Personal rights have the right to request delete: (1) The purpose of the treatment has been achieved、It is no longer necessary to achieve or achieve the purpose of the processing; (2) Personal information processors stop providing products or services,or the storage period has expired; (3) Individual withdrawal consent;、Administrative regulations or violate Bet365 app download the agreed personal information; (5) Law、Other circumstances stipulated in administrative regulations。"Paragraph 2 stipulates:" Law、The preservation period stipulated in administrative regulations is not expired,or delete personal information that is difficult to achieve from technically,Personal information processing should stop processing except storage and adopting necessary security measures。”

Delete of the right to delete the information deleted by illegal breach of contract and the purpose of processing the purpose of processing.,Special regulations for deleting outdated inaccurate personal information。Compared to the right of deletion,Forgotten rights are particularly cherished to reshape the public digital image of the public,To solve the problem of the person's personality identification information distortion。Therefore,It is necessary to clarify the border of deletion right and forgotten power during the implementation of the Personal Information Protection Law,and confirm the forgotten right at the right time。Of course,The power of forgetting will inevitably involve the relationship with other rights,Especially the relationship with freedom of speech。The conflict between the power of forgetting and freedom of speech is inevitable,But it can be resolved through various channels to achieve balance。

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The definition of the power of forgotten in the whole academic community,It can be summarized as three aspects: first,The right to information。In terms of the essence of forgotten right,It is Bet365 lotto review a kind of control of the information subject to personal information,Give information on whether to share the right to choose their personal information,Emphasize the information of the information main body,Eliminate the control and infringement of the personal information of other people and other organizations。Second,Forgotten rights。Most of the information subject exercise most of the situation of being forgotten,Still because the information of the information believes that the publication of the information has brought adverse effects to it。The rapid development of the Internet not only expands the way for personal information,At the same time, it has also widened the upload data of network users、Way to share information。But the main body of the network information often does not consider,It is even impossible to predict the adverse effect that the behavior may bring to yourself,Sometimes the sharing of the information subject may be just a simple daily sharing or an inadvertent move,But it can have a huge impact。Therefore,Forgotten rights refer to the influence of the information subject from the negative information of the information,Give it a chance to change from new start。third,The right to express freedom now。With the rise of big data on the Internet,The speech published by the public through the Internet can be permanent memory and storage,As a result, people start to worry about the long -term safety hazards that their opinions they have published,Then produce a "cold cicada effect",As a result, the bet365 live casino games public begins to say cautiously,I dare not speak to the public events that occur in society at present,Opinions of the country's appeal to participate dare not participate or are unwilling to participate。The implementation of the forgotten power can eliminate the public's worries,Actively participate in social events for the public、Provide protection for expressing views。Therefore,The exercise of the forgotten power can largely protect the right of the public's current freedom。

  Three situations of the conflict

First,Conflict between the freedom of speech of the forgotten and the publisher of the remark。In this case,The publisher of the remarks can be divided into two types of subjects: the first is the main body of the information of the forgotten right information as the same subject,The second is the subject and the publisher of the forgotten information information.。In the first case,Publisher of the speech actively published the information,Generally, there will be no conflict between the power of forgetting and freedom of speech。Second situation,The subject and the publisher of the forgotten information information are different subjects,Third -party subjects directly publishing remarks involving the relevant information of the information subject。At this time, the third -party speech publisher's speech freedom of speech and the right to forget the power of the information of the information。

2,Conflict between the freedom of speech of network operators such as the forgotten and search engine。With the rise of the big data network,Many search bet365 live casino games engines appeared、Media intermediary platform and other network operators,When a search engine and other network operators collected the information of the information main body and displayed on their own platform through their own ways,Information subject wants to delete the personal information involved on this platform,The forgotten benefits of the information subject will generate the freedom of speech of the operators such as search engines、Conflict between press freedom。

third,The conflict between the right to the freedom of the freedom of the online user and the right to know the right。According to the content of freedom of speech,Freedom of speech not only protects the freedom of speech、freedom of speech content,And the way of protecting the dissemination and acceptance of speech and acceptance and acceptance。Therefore,When the main information of the information is exercised by the forgotten power,It may affect the conflict of the freedom of the network users' dissemination and acceptance of the speech and acceptance of the speech of the network。At the same time,Information subject exercise the power of forgotten and cause the information to be deleted,Network users can no longer get this information,directly affects the right to know the knowledge of network users。

  Balanced three methods

First,Applicable proportion principle determines the conflict of rights to resolve rights of rights。Percent principle,Including the proper nature、Appropriateness、The four sub -principles of necessity and equilibrium,Balanced is also called Bet365 lotto review a narrow proportion principle。For example,Article 6 stipulates: "Processing personal information should be clear、Reasonable purpose, should be directly related to the purpose of processing,The method that has the least impact on personal rights and interests。Collect personal information,It should be limited to the minimum range of the purpose of processing purpose,Do not collect personal information。”

2,Applicable interest measurement theory to formulate priority selection standards。Clarify the boundaries of the right to forget the right to forget and freedom of speech,Legislators can use the essential interests behind the analysis of rights when dealing with two conflict rights,Measure the interests behind it to regulate the relative certainty of conflict rights,Formulate a standard that can be directly applied in most cases。

third,Applicable case measurement can be balanced in compatible。The measurement measurement in the case refers to the lack of clear legal basis in the process of making the judge in the process of making a judge,The principle of the proportion of the right to conflict with the help of the judge by the judge determines the border of rights、Measurement of interests。For example,In the referee of the first case of "forgotten" in our country,It fully reflects the principle of measure of case measurement。The court considers it after hearing,The plaintiff claims that its forgotten power should belong to a personality and interests in accordance with the general personality right,and it does not prove the legitimacy and necessity bet365 Play online games that the personality interest should protect,thus rejected the plaintiff’s lawsuit。

 (Author Unit: College of History Law of Changzhou University)

Editor in charge: Chen Jing
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