The Right to Be Forgotten Should Not Be Enshrined in Chinese Law

Abstract

The emergence of the right to be forgotten not only triggered a heated debate between the European Union (EU) and the United States (US), but also caused quite a stir in China’s judicial and legal theory circles. While academics from the UK and the US are wary of the right to be forgotten, their Chinese counterparts are fairly optimistic that this right can be transplanted to China. It is found that remarks such as “introducing the right to be forgotten”, “establishing personal information rights”, and “laying down a law on personal information rights” can be frequently observed in relevant studies published in recent years. As an immature new right that has been written into laws of some countries, whether the right to be forgotten is in line with China’s practicalities should be cogitated on before it is enshrined in law. Having analyzed what influences the right to be forgotten will exert on China’s rule of law and economic development if it is included in China’s legal system, a conclusion has been reached. First, the right to be forgotten is detrimental to Chins’ s advancement of rule of law because it contradicts rights such as freedom of the press, freedom of speech and right to know. Second, it will also inhibit the development of China’s burgeoning digital economy. Therefore, the right to be forgotten should not be introduced to or even established in Chinese law at this stage.