Analysis of Right to Be Forgotten - with a Comment on the Article 36.2 of China's “Tort Law” 

Xiang GU 

Ph.D. candidate of China University of Political Science and Law, Beijing, CHINA 

Abstract: The implementation of the European ｕｎｉｏｎ's "personal data protection rules" in 2012 makes the European a pioneer in the protection of personal information. Meanwhile, the decision of Spanish court that Google should ｄｅｌｅｔｅ the personal information of the citizens who appealed has also drawn attention to the "right to be forgotten". China is still at its initial stage in the protection of personal information, and the emerging “right to be forgotten” is not specified in law. What is the relationship among right to be forgotten, right of information self-determination and right of privacy? How to apply it in practice? Can the article 36.2 of “China’s Tort Law” be the legal basis for right to be forgotten? These are all the issues deserve discussion. 

Keywords: Right to be forgotten; Right of information self-determination; Right of privacy