Right to be Forgotten in Data Protection Law

• Main Authors: Dong-Ying Yang, 楊東穎
• Other Authors: Yao-kuo Eric Chiang
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/9au9vp

碩士 === 中原大學 === 財經法律研究所 === 106 === In the Information Age, with interactive development of technology and the internet, conventional data being gradually digitized and diversified equipment and programs recording massive information, huge amounts of data circulate quickly. Yet, although such digital environment has brought fourth significant benefits, they are also accompanied by inherent hazards. Thus, while mankind is enjoying technology-assisted convenience, shouldn’t they also think about the hazards posed by information digitization, especially personal data being recorded to the tiniest detail without possibility of deletion? In light of this, the Right to be forgotten concept was conceived. However, this right bears many points of dispute that require investigation. The paper first begins with an explanation of how the digital environment affects personal information, followed by an introduction of regulations from the EU Data Protection Directive (Directive 95/46/EC) pertinent to the Right to be forgotten. This is to illustrate how the Court of Justice of the European Union used the directive to make the first Right to be forgotten ruling in 2014. Secondly, the study explains how Article 17 – Right to erasure (Right to be forgotten) of the General Data Protection Regulation (GDPR) which passed in 2016 and officially implemented in 2018, got stipulated. The researcher then conducts analysis to determine whether if differences exist between Directive 95/46/EC and GDPR when enforced. This is to clarify the definition of the “Right to be forgotten” Lastly, despite developments from the EU on the Right to be forgotten, Taiwan does not have its own regulations. Inspired by the EU’s progress, this paper shall utilize our Data Protection Law as well as the ruling on Taiwan’s counterpart case (Shih v. Google) to investigate the necessity of legislating Right to be forgotten regulations. This is so that Taiwan would have corresponding measures to counter the impacts brought forth by digitization.