关键词: 被遗忘权, 删除权, 开放数据, 个人信息保护, 法律规制

Abstract:

The protection of personal information faces tremendous challenges alongside of the open data movement.In 2012, the EU formally proposed the concept of “the right to be forgotten” in the draft legislation on personal data protection, attempting to strengthen the right to selfdetermination of personal information under the network environment, argued that people have the right to require the relevant authorities to erasure their personal data. This paper describes the concept of the right to be forgotten and the evolution of right digital features under open data perspective, focusing on the introduction of the legislation of EU, United States and other countries, and discussing the implement of related national responsibility and the search engine company on implementation and practice operation. Moreover, the paper puts forward that we should reasonably define the concept and legal attributes of the right to be forgotten in China, to protect personal information under the environment of open data movement, and to accelerate the legislation of Chinese personal information protection.

Keywords: Right to be forgotten；Right to erasure；Open data；Protection of personal information；Legal &, regulation