| 英文摘要 |
The new claim of personal data protection in the internet era. In recent years, because the rapid development of communication’s technology and ocloud computing, Govement or private industry through varied electoric scanner or computer terminal can rapidly coolect and store a large quantity of personal data, and all kinds of the specific personal data are easily matched and formed a personal files. On account of internet is without border, no time limits, once the personal data is uploaded on internet, that is simi-permanent preserved and unlimitedly proliferated. The subject of data can’t control his personal data completely, even the right of the subject will be hurted. In face to such condition, the personal data protection Act is obviously inadequate. Thus in 2012 the international covention for personal data protection regulation are going to be amended, on one hand to strengthen protection the right of individuals, therefor recognize the right to be forgotten, refuse personal data profiling be made. On the other hand, increase the obiligation of data controller to construct a complete system for personal data protection. After the judgment of the European Court of Justice in the case “Google Spain SL, Google Inc. v. Agoncia Española de Protección de Datos (AEPD), Mario Costeja Conzález” was announced in May 2014, it set off a debate between European and the United States. This article the first describe the important amendments of General Data Protection Regulation of the European, then explain the significance and requirements of the right to be forgotten. Analysis the merits of judgment about Google Spain SL, Google Inc., analysis the legal opinions of the judgment. And also introduce Article 29 data protection working party guideline and the criteria for assessing delisting request suggested by the Advisory Council to Google. Finally in accordance with the relevant provisions of personal data protection Act in our country, discuss the legal requirements of the right to be forgotten, deliberate the court decisuon in recent. |
