大数据时代被遗忘权的法理学研究

Legal Studies on the Forgotten Rights in the Era of Big Data

互联网时代,民众的信息一经发布就会在网络上留下难以磨灭的痕迹,其中对于当事人不利的信息还有可能造成长久的不良后果。被遗忘权的概念应运而生。欧盟法院在2014年以司法判决的形式承认了被遗忘权的概念,此后在世界范围内引起了对被遗忘权的广泛关注。我国立法上虽然没有对被遗忘权的正式规定,但是在学术界却是引起了广泛的讨论,焦点之一就是其与民法中删除权与隐私权的区别和联系。本文从法理学的角度探讨被遗忘权的法理依据,将其与删除权和隐私权相区别,进一步提出应该适度引入被遗忘权。

In the age of the Internet, once the people’s information is released, it will leave indelible traces on the network, and the information that is unfavorable to the person concerned may also cause long-lasting adverse consequences. It is in this context that the concept of the right to be forgotten emerges. The concept of the right to be forgotten was recognized by the Court of Justice of the Euro-pean Union (CJEU) in the form of a judicial decision in 2014, and since then it has attracted widespread interest in the right to be forgotten around the world. Although there is no formal provision on the right to be forgotten in China’s legislation, it has been widely discussed in academic circles. One of the focal points is its difference and connection with the right to erasure and the right to privacy in civil law. This paper discusses the legal grounds of the right to be forgotten from the perspective of jurisprudence, distinguishes it from the right to erasure and the right to privacy, and proposes that the right to be forgotten should be introduced moderately.