The conflict and balance between the right to be forgotten and freedom of speech
June 21, 2023 10:09 Source: "Chinese Social Sciences Journal" Issue 2676, June 21, 2023 Author: Xia Jisen Liu Jie

In the digital bet365 bonus bets age,Personal bet365 bonus bets is of extremely important value。Article 1037, paragraph 2, of the Civil Code stipulates: “A natural person discovers that an bet365 bonus bets processor has violated the law、Processing of personal bet365 bonus bets in accordance with administrative regulations or agreement between the parties,Right to request timely deletion by the bet365 bonus bets processor。”Special law to protect personal bet365 bonus bets,my country's "Personal bet365 bonus bets Protection Law" determines the "right to delete" as an individual's right to process their bet365 bonus bets,And gave up the "right to be forgotten"。Article 47 of the "Personal bet365 bonus bets Protection Law" refines this provision of the "Civil Code"。This article is divided into two sections,Paragraph 1 stipulates: “Under one of the following circumstances,Personal bet365 bonus bets processors should proactively delete personal bet365 bonus bets;Personal bet365 bonus bets processor has not deleted,Individuals have the right to request deletion: (1) The purpose of processing has been achieved、Not possible or no longer necessary to achieve the purposes of processing;(2) Personal bet365 bonus bets processor stops providing products or services,Or the storage period has expired;(3) Individual withdrawal of consent;(4) Personal bet365 bonus bets processor violates the law、Processing of personal bet365 bonus bets in violation of administrative regulations or agreement;(5) Law、Other situations stipulated in administrative regulations。” Paragraph 2 stipulates: “Law、The retention period stipulated in administrative regulations has not expired,Or it is technically difficult to delete personal bet365 bonus bets,Personal bet365 bonus bets processors should stop processing other than storing and taking necessary security protection measures。”

The right of deletion is aimed at bet365 bonus bets deletion that is illegal and breach of contract and the purpose of processing has been achieved,No special provisions are made for the deletion of outdated and inaccurate personal bet365 bonus bets。Compared to the right to delete,The right to be forgotten is particularly important to the reshaping of the public’s personal digital image,To solve the problem of distortion of the personality identification bet365 bonus bets of rights subjects。Therefore,It is necessary to clarify the boundary between the right to delete and the right to be forgotten during the implementation of the Personal bet365 bonus bets Protection Law,And confirm the right to be forgotten at the appropriate time。Of course,The right to be forgotten necessarily involves the relationship with other rights,Especially in relation to freedom of speech。The conflict between the right to be forgotten and freedom of speech is inevitable,But it can be resolved through various ways to achieve balance。

  What is the right to be forgotten

Comprehensive academic definition of the right to be forgotten,The content can be summarized into three aspects: First,The right to bet365 bonus bets autonomy。In terms of the nature of the right to be forgotten,It is the control right of the bet365 bonus bets subject over personal bet365 bonus bets,Give individuals the right to choose whether to share their personal bet365 bonus bets,Emphasis on the independent status of bet365 bonus bets subjects,Prevent others and other organizations from controlling and infringing the personal bet365 bonus bets of the bet365 bonus bets subject。Second,The right to be forgotten。Most situations in which bet365 bonus bets subjects exercise the right to be forgotten,Or because the bet365 bonus bets subject believes that the public release of the bet365 bonus bets has brought adverse effects to him。The rapid development of the Internet has not only expanded the ways for individuals to obtain bet365 bonus bets,At the same time, it also expands the data uploaded by network users、Way to share bet365 bonus bets。However, Internet bet365 bonus bets subjects often do not consider it when disclosing their own bet365 bonus bets,You can’t even predict the adverse effects that this behavior may bring to you,Sometimes the bet365 bonus bets subject’s sharing may be just a daily sharing or an unintentional act,But it can have a huge impact。Therefore,The right to be forgotten refers to protecting the bet365 bonus bets subject from the impact of past negative bet365 bonus bets,Give him a chance to change his ways and start over。Third,The right to freedom of expression today。With the rise of network big data,Speeches expressed by the public through the Internet can be permanently remembered and stored,Causing people to worry about the long-term security risks caused by their remarks,This will produce a "chilling effect",As a result, the public began to be cautious about their words and deeds,Afraid to speak out about current public events in society,Afraid or unwilling to participate in the collection of opinions that the country calls for participation。The implementation of the right to be forgotten can eliminate the public’s worries,Actively participate in social events for the public、Provide protection for expressing opinions。Therefore,The exercise of the right to be forgotten can, to a large extent, protect the public’s current right to freedom of expression。

  Three situations of conflict

First,The conflict between the right to be forgotten and the freedom of speech of the publisher。In this case,Speech publishers can be divided into two types of subjects: the first is the right to be forgotten bet365 bonus bets subject and the speech publisher are the same subject,The second is that the subject of the right to be forgotten bet365 bonus bets and the publisher of the speech are different subjects。In the first case,The publisher takes the initiative to publish his bet365 bonus bets,Generally, there will be no conflict between the right to be forgotten and freedom of speech。The second situation,The subject of the right to be forgotten bet365 bonus bets and the publisher of the speech are different subjects,Relevant bet365 bonus bets about third-party subjects’ direct remarks involving the bet365 bonus bets subject。At this time, there is a direct conflict between the third-party publisher’s freedom of speech and the bet365 bonus bets subject’s right to be forgotten。

Second,The conflict between the right to be forgotten and the freedom of speech of search engine and other network operators。With the rise of big data network,Many search engines appeared、Network operators such as media intermediary platforms,When network operators such as search engines collect bet365 bonus bets subjects’ bet365 bonus bets and display it on their own platforms through their own different methods,The bet365 bonus bets subject wants to delete the personal bet365 bonus bets involved on this platform,This will result in the forgotten interests of bet365 bonus bets subjects and the freedom of speech of operators such as search engines、The conflict between press freedom。

 Third,The conflict between the right to be forgotten and Internet users’ right to freedom of expression and right to know。Based on the content of freedom of speech,Freedom of speech not only protects the freedom of expression、Freedom of speech content,And protect the dissemination and reception of speech and the manner in which it is disseminated and received。Therefore,When the bet365 bonus bets subject exercises the right to be forgotten,It may affect the dissemination and acceptance of speech by Internet users and cause conflicts with Internet users’ freedom of speech。At the same time,The bet365 bonus bets subject’s exercise of the right to be forgotten results in the bet365 bonus bets being deleted,This bet365 bonus bets is no longer available to network users,Directly affects the right to know of network users。

  Three methods of balance

First,Apply the principle of proportionality to determine the boundaries of rights and resolve conflicts of rights。Principle of proportionality,Including legitimacy of purpose、Appropriateness、Four sub-principles of necessity and balance,Balance is also called the principle of proportionality in a narrow sense。For example, the provisions of the Personal bet365 bonus bets Protection Law on the processing of personal bet365 bonus bets directly reflect the principle of proportionality,Article 6 stipulates: “The processing of personal bet365 bonus bets should be clear、Reasonable purpose, and shall be directly related to the purposes of processing,Adopt the method that has the least impact on personal rights and interests。Collect personal bet365 bonus bets,Should be limited to the minimum scope necessary to achieve the purpose of processing,Do not collect excessive personal bet365 bonus bets。”

Second,Apply interest measurement theory to formulate priority selection criteria。After clarifying the boundaries between the right to be forgotten and the right to freedom of speech,When dealing with two conflicting rights, legislators can analyze the essential interests behind the rights,Weigh the interests behind them to regulate conflicting rights with relative certainty,Develop a criterion that can be directly applied to prioritize in most cases。

 Third,Applicable case measurement to achieve balance in compatibility。The measurement of legal interests in individual cases refers to the lack of clear legal basis when the judge makes a ruling,The judges use their discretion to determine the boundaries of rights by applying the principle of proportionality to conflicting rights、Measure interests。For example,In the judgment of my country’s first “right to be forgotten” case,fully embodies the principle of case measurement。The court held after hearing,The plaintiff claims that its right to be forgotten should be a kind of personality interest based on general personality rights,But it did not prove the legitimacy and necessity of protecting the personal interests,Thereby dismissing the plaintiff’s claim。

 (Author’s unit: Changzhou University Shiliang Law School)

Editor: Chen Jing
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