The Right to Be Forgotten Should Not Be Enshrined in Chinese Law

• 作者: Haoran Lin Peng Xiao
• 来源期刊: 中国经济评论:英文版
• 学科: 经济
• 关键词: the RIGHT to BE forgotten China RULE of LAW digital ECONOMY
• 年，卷（期）: zgjjplywb_2019,（3）
• 页码范围: 36-42
• 页数: 7页
• 分类号: F42

摘要

The emergence of the right to be forgotten not only triggered a heated debate between the European Union (EU)and the United States (US), but also caused quite a stir in China’s judicial and legal theory circles. While academicsfrom the UK and the US are wary of the right to be forgotten, their Chinese counterparts are fairly optimistic thatthis right can be transplanted to China. It is found that remarks such as “introducing the right to be forgotten”,“establishing personal information rights”, and “laying down a law on personal information rights” can befrequently observed in relevant studies published in recent years. As an immature new right that has been writteninto laws of some countries, whether the right to be forgotten is in line with China’s practicalities should becogitated on before it is enshrined in law. Having analyzed what influences the right to be forgotten will exert onChina’s rule of law and economic development if it is included in China’s legal system, a conclusion has beenreached. First, the right to be forgotten is detrimental to Chins’ s advancement of rule of law because it contradictsrights such as freedom of the press, freedom of speech and right to know. Second, it will also inhibit thedevelopment of China’s burgeoning digital economy. Therefore, the right to be forgotten should not be introducedto or even established in Chinese law at this stage.