“被遗忘权”的日本司法判例与探析——以搜索服务运营商删除义务为焦点

Judicial Precedents and Analysis of Right to be Forgotten in Japan: Focusing on the Obligations of the Provider of Searching Service Operation to Deleting Data

过去犯错,随时间流逝世人也都会遗忘。而现在,负面报道等一旦上网就会被永久记忆,给本人留下潜在的影响,因而“被遗忘权”之诉被提起。对此,欧洲司法法院,作出责令提供容易搜索网络信息的服务运营商删除不需要公开的个人信息的判决,这就是所谓的承认“被遗忘权”的判决。日本也发生要求搜索服务运营商删除个人信息的诉讼,也有使用“被遗忘权”一词的审判案例。探讨是否应该承认个人信息删除权及删除要件等势在必行。

The mistake made in the past would be left behind as time goes by. However, nowadays, once the negative and damaging reports in regard to individuals have put on the internet, the relevant parties will have potential to be negatively affected. Thereby “The right to be forgotten” has been put into practice in lawsuits. The European Court of Justice has ordered that service providers that provide easy access to network information remove judgments that do not require public information to be disclosed, which is the recognition of “The right to be forgotten”. In Japan, the case of requesting to delete unnecessary private information from search engines had been sued, and the word “The right to be forgotten” has been sentenced in court. Thus, discussion on whether to acknowledge the individual right to delete private data and key files is of necessity.