中图分类号：D923.8
文献标识码：A
DOI:10.19358/j.issn.2097-1788.2023.08.005
引用格式：马瑞聪.论我国个人信息删除权的双重限制模式［J］.网络安全与数据治理，2023，42（8）：28-33.

The dual restriction model of the right to erasure in China

Abstract： In the balance of interests between information subjects and information processors, there are insufficient restrictions on the right of information subjects to delete. When the exercise of the right to delete conflicts with public interests such as the public′s right to know and freedom of speech, or is significantly out of balance with the loss of interests of information processors, China′s restriction rules for the right to delete have the problem of insufficient regulation and supply. China′s restriction rules on the right to delete adopt a dual restriction model, in which the formation and restriction of the right to delete is guided by the principle of proportionality, and the exercise of the right to delete is guided by the principle of prohibition of abuse of rights. By drawing on the rules on the restriction of the right to delete in the GDPR and BDSG, the methods of interpretation and analogy are used to improve the restriction rules of the right to delete in China.

Key words : right to erasure; limitation; principle of proportionality; prohibition of abuse of rights