The Right to be Forgotten and Its Possibility in Taiwan

• Main Authors: LEI, CHAO-HENG, 雷兆衡
• Other Authors: CHANG, HUEI-TUNG
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/w2prmx

碩士 === 國立臺北大學 === 法律學系一般生組 === 107 === In Case C-131/12 (Google Spain SL , Google Inc. v Agencia Española de Protección de Datos (AEPD) , Mario Costeja González), Court of Justice of the European Union pointed out that the search engine could be regarded as a “controller” under the Directive 95/46/EC. Therefore, under certain circumstances, the data subject could request erasure of the personal data which is available in the search results. Since then, the concept of the “right to be forgotten” has attracted a lot of attention from worldwide. Besides the EU, the discussion of the “right to be forgotten” can also be found in Japan, and Taiwan. First, this thesis thoroughly reviewed of the development of the “right to be forgotten” in EU. In this part, in order to understand the content of the “right to be forgotten”, this thesis analyzed the related provisions of Directive 95/46/EC, the judgment in Case C-131/12 (Google Spain SL , Google Inc. v Agencia Española de Protección de Datos (AEPD) , Mario Costeja González), and the related provisions of GDPR. Second, this thesis discussed the development of the “right to be forgotten” in Japan. In 2017.1.31, the Supreme Court of Japan made a decision concerning the case that a person request search service provider to delete the URLs of websites which contains personal data. In this part, this thesis also reviewed the development of the “right to privacy” and personal data protection legislation in Japan as background knowledge. Last, in order to find out whether it is possible to practice the “right to be forgotten” in Taiwan, this thesis analyzed the Personal Information Protection Act of Taiwan and the related judgments. In conclusion, this thesis regarded the “right to be forgotten” as the right to against the increasing of accessibility of personal data. Under Paragraph (2) to Paragraph (4) of Article 11, Paragraph (2) of Article 19 of the Personal Information Protection Act of Taiwan, and Paragraph 1 of Article 18 of the Civil Code of Taiwan, there is a distinct possibility of practicing the “right to be forgotten” in Taiwan. However, the future amendment of the related legislation is still necessary. Thus, this thesis also put forward some legislative proposals.