个人信息删除权之限制

Limitation of the Right to Delete Personal Information

个人信息删除权是个人信息主体所具有的一项重要权利,是信息主体基于自身意志决定处理个人信息的具体表现方式,同时也为信息处理者确保信息主体享有其个人信息决定权提供立法保障。纵观我国民事立法对该项权利具有明确规定。在《网络安全法》中首次对个人信息删除权进行明确,并在《民法典》第1037条中加以明确细化。但上述规定都过于笼统。2021年出台的《个人信息保护法》中第47条对个人信息删除权有所细化,个人信息的保护程度有所提升。然而在实践中,却存在个人信息删除权滥用的情形,目前立法对哪些情形不能行使个人信息删除权并没有明确规定。如不对权利的行使进行必要的限制会突破权利的边界。本文通过比较法上的对比分析,分析论证当哪些情形发生时,应当对个人信息删除权的行使进行必要的限制,确保该项权利得以适当行使。

The right to delete personal information is an important right of the subject of personal information, which is a specific way for the subject of personal information to decide on the processing of personal information based on his own will, and also provides legislative protection for the information processor to ensure that the subject of information enjoys the right to decide on his own information. Throughout China’s civil legislation, it has clear provisions on this right. The right to delete personal information was first stipulated in the Network Security Law, and was clearly refined in Article 1037 of the Civil Code. Article 47 of the Personal Information Protection Law, which was introduced in 2021, has refined the right to delete personal information and increased the level of protection of personal information. However, in practice, there are cases of abuse of the right to delete personal information, and the current legislation does not clearly stipulate the circumstances in which the right to delete personal information cannot be exercised. Without the necessary restrictions on the exercise of the right, the boundaries of the right will be breached. In this paper, we analyze and argue, through comparative analysis, the circumstances in which the right to erasure of personal information should be exercised with the necessary restrictions.