| Summary: | 碩士 === 國立交通大學 === 科技法律研究所 === 105 === With the rapid development of Internet and technology, personal data have become much more vulnerable. They can be transferred faster, analyzed easier, and stored longer. To solve these problems, European Union, which attached high importance to the protection of personal data, passed the General Data Protection Regulation in 2016. This regulation not only strengthens the self-control power of personal data, but also acknowledged “the right to be forgotten”. Data subjects obtain the right to demand data controllers to erase their personal data in certain situation. Besides, in May 2014, the European Court of Justice ruled that data subjects can ask search engines to remove links which relate to their names from the search results list. These all lead to the inference that EU are ready to implement the “right to be forgotten” to ward off data thefts. In Taiwan, data subjects also have ”the right to erasure” pursuant to Personal Information Protection Act. However, the court in Taiwan has not made it clear whether under which circumstances could data subjects claim this right. Thus, this thesis aims to analyze and introduce the cases of ECJ and GDPR, in order to fully grasp the essence of “the right to be forgotten”. Moreover, this thesis hopes to make clear suggestions for further law amending, thus devotes to compare GDPR with Taiwan’s Data Protection Act to clarify how to put this right into practice in Taiwan.
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