论公民“被遗忘权”的法律保护
发布时间：2018-08-07 11:16
【摘要】：公民处在网络时代下,公民的个人信息容易被收集和使用。公民上传至网络的个人信息如果被收集起来,将是一个天文数字。同时,也会给有需要的企业带来巨大的利益。公民的个人信息不仅关系着个人的隐私,其自身也带有巨大的经济价值。所以,如何保护公民的个人信息不被滥用,保护公民的正当权益,是一个巨大的挑战。网络科学技术有利有弊。记忆数字化帮助人类摆脱了正常遗忘的约束,使人们能够随时找到当初已经遗忘的信息,但正是因为网络记忆是一把双刃剑,永久化的记忆也有不可预料的后果。因为这些数字化的记忆具有可检索性和永久性的特征,所以会使个体失去对自己所有的个人信息的控制能力。分析其内在原因,网络技术日臻成熟,越来越多的用户选择将网络变成日常生活的必须工具,这样就使网络在其巨大的空间中保留了用户的所有信息。但是,这种保留不是封闭的保密的,生活中所有会使用网络的人都可以在网络上搜索自己的信息,当然也可以搜索到他人的信息,访问他人的个人数据,并且这种搜索和访问行为是未经信息所有人或信息控制人未允许的情况下。即使是日常的网上购物也会留下大量的个人信息在互联网上,再加上数字记忆的永久性特征,他人可访问的个人信息在日积月累下会越来越多。当越来越多的网络用户发觉自己应经无法控制自己所有的个人信息时,他们所能做的只能是使自己更加谨慎,使用互联网时更加小心。在这种个人信息存在被滥用威胁的环境下,当今社会亟待解决的问题应当包括,使用何种方法解决个人信息保护,要不要确立被遗忘权,怎样才能抹除用户在网络上留下的大量痕迹。为解决这些问题,韩国在立法上做出了具体调整,并在2012年8月重新修订了《信息网络促进利用与信息保护法》,在补充时把公民的“被遗忘权”作为重要部分予以添加,并把它作为个人信息保护措施的重要手段之一;欧盟委员会在2012年1月发布的《关于个人信息保护的改革方案》中,提出增加一项新的权利即“被遗忘权”,以保护网络主体的个人信息不受侵犯。公民行使被遗忘的权利是为了解决网络环境下个人数据的收集、存储而产生纠纷的隐患,被遗忘权不论是在西方还是在我国法律体系中都是一项新的权利。不过,被遗忘权即便在西方,也是有财产权保护法和隐私权保护法作为法律渊源的。财产法主要关注保护信息所有人的财产所有权,个人信息数据也具有一定的财产价值;隐私权的法律保护主要关注信息主体的人格,原因是大部分的个人信息是隐私数据,但财产法和隐私法都不能单独为被遗忘权提供完全的基础。2012年欧盟委员会对被遗忘权的定义为:即使个人信息被他人使用也应该有明确的使用期限,当信息所有者对收集到的信息不再是必要的,或者当不再满足使用目的的情形下,信息提供者有权要求有关机构将有关的任何信息删除,有关机构应立即删除或采取措施阻止这些信息进一步传播。这意味着,公民可以随时要求删除自己在网络上的个人信息、数据资料,只要删除的行为不违背社会公共利益和侵犯到他人的合法权益。我国的公民个人信息立法保护还在处于初级阶段,我国想要真正意义上的确立被遗忘权,深入细致的分析研究欧盟、美国和其他国家的被遗忘权立法,十分必要。将其他国家的立法实践经验吸收进来,为我所用,也是促进法律进步的途径之一。所以,保护公民个人信息立法,不仅要国内立法昌明,还要吸收国外经验,只要这样才能提升我国对个人信息的保护的水平。
[Abstract]:The citizen's personal information is easily collected and used in the Internet age. Personal information uploaded to the network will be an astronomical figure. At the same time, it will also bring great benefits to the enterprises in need. The personal information of citizens is not only related to personal privacy, but also has a huge economy itself. Therefore, how to protect citizens' personal information is not abused and protect the legitimate rights and interests of citizens. It is a huge challenge. Network science and technology have advantages and disadvantages. The memory digitalization helps people to get rid of the constraints of normal forgetting, so that people can find the information that has been forgotten at any time, but it is because the network memory is a double edge. Swords, permanent memories also have unpredictable consequences. Because these digital memories are searchable and permanent, it will cause the individual to lose control of all its personal information. Analysis of its inherent reasons, network technology is becoming mature, and more and more users choose to turn the network into daily life. Tools, so that the network keeps all the information of the user in its huge space. However, this reservation is not closed and confidential. All people who use the network in life can search their information on the network, and of course, they can also search for other people's information, access other people's personal data, and this search and visit. The behavior is not allowed by the information owner or the information controller. Even the daily online shopping will leave a lot of personal information on the Internet, coupled with the permanent features of digital memory, and the number of personal information that other people can access is increasing. More and more Internet users find themselves. What they can do when they are unable to control all of their personal information is to make themselves more cautious and more careful when using the Internet. Under the circumstances of the threat of abuse of this personal information, the problems to be solved in today's society should include how to use the method to solve personal information protection and to establish it to be forgotten. In order to solve these problems, South Korea has made a concrete adjustment in legislation, and revise the "information network promotion and information protection law" in August 2012, and add the citizen's "right to be forgotten" as an important part and use it as a personal letter in August 2012. One of the important means of interest protection measures; the European Commission, in the reform programme on personal information protection issued by the European Commission in January 2012, proposes to add a new right, "the right to be forgotten", to protect the personal information of the network subject from infringement. The right of the citizens to exercise the right to be forgotten is to solve the collection of personal data under the network environment. The right to amnesia is a new right both in the West and in the legal system of our country. However, the right to be forgotten, even in the west, has the property rights protection law and the privacy protection law as the source of law. The property law mainly focuses on the protection of the property ownership of all the information and personal information. Data also has a certain value of property; the legal protection of privacy is mainly concerned with the personality of the information subject. The reason is that most of the personal information is privacy data, but both property law and privacy law can not provide a complete basis for the right to be forgotten in.2012 years, the European Commission defines the right to be forgotten, even if personal information is given to others. It should also have a clear term of use. When the information owner is no longer necessary to the information collected, or when it is no longer satisfied with the use purpose, the information provider has the right to request the relevant agency to delete any information concerned, and the agency should immediately delete or take measures to prevent the further transmission of the information. The citizen may request to delete the personal information on the network at any time, the data, as long as the act of deleting does not violate the social and public interests and infringes on the legitimate rights and interests of others. The legislative protection of personal information in our country is still in the primary stage, and our country wants to establish the right to be forgotten in the real sense and analyze deeply and carefully. It is necessary to study the forgetting legislation of the European Union, the United States and other countries. It is also one of the ways to promote the legislative progress of other countries, so it is also a way to promote the progress of the law. Therefore, it is necessary to protect the legislation of personal information of citizens, not only in the domestic legislation, but also in the foreign experience. The level of the protection of human information.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
本文编号：2169850
[Abstract]:The citizen's personal information is easily collected and used in the Internet age. Personal information uploaded to the network will be an astronomical figure. At the same time, it will also bring great benefits to the enterprises in need. The personal information of citizens is not only related to personal privacy, but also has a huge economy itself. Therefore, how to protect citizens' personal information is not abused and protect the legitimate rights and interests of citizens. It is a huge challenge. Network science and technology have advantages and disadvantages. The memory digitalization helps people to get rid of the constraints of normal forgetting, so that people can find the information that has been forgotten at any time, but it is because the network memory is a double edge. Swords, permanent memories also have unpredictable consequences. Because these digital memories are searchable and permanent, it will cause the individual to lose control of all its personal information. Analysis of its inherent reasons, network technology is becoming mature, and more and more users choose to turn the network into daily life. Tools, so that the network keeps all the information of the user in its huge space. However, this reservation is not closed and confidential. All people who use the network in life can search their information on the network, and of course, they can also search for other people's information, access other people's personal data, and this search and visit. The behavior is not allowed by the information owner or the information controller. Even the daily online shopping will leave a lot of personal information on the Internet, coupled with the permanent features of digital memory, and the number of personal information that other people can access is increasing. More and more Internet users find themselves. What they can do when they are unable to control all of their personal information is to make themselves more cautious and more careful when using the Internet. Under the circumstances of the threat of abuse of this personal information, the problems to be solved in today's society should include how to use the method to solve personal information protection and to establish it to be forgotten. In order to solve these problems, South Korea has made a concrete adjustment in legislation, and revise the "information network promotion and information protection law" in August 2012, and add the citizen's "right to be forgotten" as an important part and use it as a personal letter in August 2012. One of the important means of interest protection measures; the European Commission, in the reform programme on personal information protection issued by the European Commission in January 2012, proposes to add a new right, "the right to be forgotten", to protect the personal information of the network subject from infringement. The right of the citizens to exercise the right to be forgotten is to solve the collection of personal data under the network environment. The right to amnesia is a new right both in the West and in the legal system of our country. However, the right to be forgotten, even in the west, has the property rights protection law and the privacy protection law as the source of law. The property law mainly focuses on the protection of the property ownership of all the information and personal information. Data also has a certain value of property; the legal protection of privacy is mainly concerned with the personality of the information subject. The reason is that most of the personal information is privacy data, but both property law and privacy law can not provide a complete basis for the right to be forgotten in.2012 years, the European Commission defines the right to be forgotten, even if personal information is given to others. It should also have a clear term of use. When the information owner is no longer necessary to the information collected, or when it is no longer satisfied with the use purpose, the information provider has the right to request the relevant agency to delete any information concerned, and the agency should immediately delete or take measures to prevent the further transmission of the information. The citizen may request to delete the personal information on the network at any time, the data, as long as the act of deleting does not violate the social and public interests and infringes on the legitimate rights and interests of others. The legislative protection of personal information in our country is still in the primary stage, and our country wants to establish the right to be forgotten in the real sense and analyze deeply and carefully. It is necessary to study the forgetting legislation of the European Union, the United States and other countries. It is also one of the ways to promote the legislative progress of other countries, so it is also a way to promote the progress of the law. Therefore, it is necessary to protect the legislation of personal information of citizens, not only in the domestic legislation, but also in the foreign experience. The level of the protection of human information.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
【参考文献】
相关期刊论文 前10条
1 石静霞;张舵;;从欧洲法院承认“被遗忘权”的判决看个人信息保护[J];中国信息安全;2014年11期
2 汪梦;;网络空间的记忆与遗忘权[J];当代传播;2014年05期
3 郑文明;;个人信息保护与数字遗忘权[J];新闻与传播研究;2014年05期
4 何治乐;黄道丽;;大数据环境下我国被遗忘权之立法构建——欧盟《一般数据保护条例》被遗忘权之借鉴[J];网络安全技术与应用;2014年05期
5 彭支援;;被遗忘权初探[J];中北大学学报(社会科学版);2014年01期
6 黄蓝;;个人信息保护的国际比较与启示[J];情报科学;2014年01期
7 伍艳;;论网络信息时代的“被遗忘权”——以欧盟个人数据保护改革为视角[J];图书馆理论与实践;2013年11期
8 王戬;;云计算关键技术及其发展的分析[J];科技创新与应用;2013年28期
9 蒋平;;我国个人信息法律保护现状及完善路径[J];公安研究;2013年08期
10 柴晓宇;;德国个人信息保护立法的特色及对中国的启示[J];人大研究;2013年03期
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