ABSTRACT
This article considers whether a strong argument for people’s ‘right to be forgotten’ exists in China’s data protection and privacy law, based on an analysis of China’s legislation, regulation, and court cases. China’s relevant legislation only provides limited protection for individuals whose privacy or personal data are published online and wish to delete it. Proof of burden is one of the major barriers for individuals to win the search engine in tort litigation. The search engine is also exempted from liability in China’s current legal regime. It is suggested that only limited appliance of this new type of privacy right exists in China’s judicial practice.
Zhang, Meihui, Is There a ‘Right to Be Forgotten’ in China? Judicial Response to China’s Tort Law on Privacy and Data Protection Issues (December 23). Forthcoming in Consumer Protection in China: Current Challenges and Future Prospects, Brill, 2020.
First posted 2020-07-16 05:25:58
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