中圖分類號：D923.8
文獻標識碼：A
DOI:10.19358/j.issn.2097-1788.2023.08.005
引用格式：馬瑞聰.論我國個人信息刪除權(quán)的雙重限制模式［J］.網(wǎng)絡(luò)安全與數(shù)據(jù)治理，2023，42（8）：28-33.

The dual restriction model of the right to erasure in China

Abstract： In the balance of interests between information subjects and information processors, there are insufficient restrictions on the right of information subjects to delete. When the exercise of the right to delete conflicts with public interests such as the public′s right to know and freedom of speech, or is significantly out of balance with the loss of interests of information processors, China′s restriction rules for the right to delete have the problem of insufficient regulation and supply. China′s restriction rules on the right to delete adopt a dual restriction model, in which the formation and restriction of the right to delete is guided by the principle of proportionality, and the exercise of the right to delete is guided by the principle of prohibition of abuse of rights. By drawing on the rules on the restriction of the right to delete in the GDPR and BDSG, the methods of interpretation and analogy are used to improve the restriction rules of the right to delete in China.

Key words : right to erasure; limitation; principle of proportionality; prohibition of abuse of rights