Re-conceptualizing the Right to Privacy in a Network Society: Refining the Right to Be Forgotten

• Main Authors: Yi-Hsuan Huang, 黃翊軒
• Other Authors: Ming-Li Wang
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/r7bpc7

碩士 === 國立中央大學 === 產業經濟研究所 === 105 === Five characters in a network society- abundant personal information, the infinite life of digital memory, prejudiced and extreme speech, easily retrieved information and advanced data-mining technology- result in enormous privacy infringing problem which also give rise to the proposal of so-called “right to be forgotten”. In 2014, Court of Justice of the European Union recognized the concept of right to be forgotten in the case of Google v. AEPD and the general data protection regulation set out right to be forgotten which would be formally implemented in Europe by 2018. The new movement of European Union provides us the perspective that exploits right to be forgotten as a solution policy to deal with the privacy issue in a network society. This thesis regards the substance of right to be forgotten as including ‘right to oblivion’ and ‘right to erasure’ and defines right to be forgotten as “when the interest of data subject override the interest of data controller and public interest, data subject shall have the right to obtain from the controller the erasure or conceal of personal data concerning him or her criminal record, negative information, unlawfully processing information or juvenile record.” Under above definition, right to be forgotten can reconstruct the memorial ethics in a network society, empower individual the control over personal information, settle the reputation dispute in a digital world, and provide higher protection to the juvenile. It’s therefore necessary to practice right to be forgotten on the observation that the implementation of a right to be forgotten could overcome the hazard came along with the aforementioned characters in a network society, also would beneficial for the individual. To the end, this thesis suggests the judiciary should play a more positive role in recognizing the right to be forgotten in any related case. Besides, the legislature should amend right to be forgotten provision into Personal Data Protection Act by referring to the general data protection regulation when the judiciary hasn’t yet provided a clear view about right to be forgotten. To well exercise the discretion of right to be forgotten, an independent administrative agency should handle the right to be forgotten application with a consistent pattern, as well.