Legal Analysis of the Right to Be Forgotten and Its Applicable Influence from the Perspective of Archival Science

Long, Jiaqing; Xu, Yongjun

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https://hdl.handle.net/2142/109675 Copy

Description

Title

Legal Analysis of the Right to Be Forgotten and Its Applicable Influence from the Perspective of Archival Science

Author(s)

• Long, Jiaqing
• Xu, Yongjun

Issue Date

2021-03-17

Keyword(s)

• The Right to Be Forgotten
• Archival Work
• Digital Memory
• Chinese Archives Issues

Abstract

"[Background] Digital memory on the Internet has broken through the limitations of biological memory. While continuing to perform the function of ""storage-extraction"", people are always facing risks of identity information being leaked and abused. The ""Right To Be Forgotten"" （RTBF）aims to reconcile the relationship between memory and forgetting. The proposal of RTBF also has an impact on archives, not only in questioning the archives retention schedule, but also in technical criticism of archives management and recordkeeping work. [Methods] This article adopts text survey and semi-structured interview methods. Firstly, classify the laws of various countries concerning the RTBF and conduct a comparative analysis; secondly, analyze the law enforcement cases of the RTBF involving archival institutions; finally select interview subjects in China, focusing on recording the applicable thinking about the localization of the RTBF. [Results] Through text analysis and qualitative analysis of interviews, and taking ""archives business links"" as clue, the specific impacts were summarized: (1) In terms of archives collection, the investigation of the source background should be more comprehensive, and ""deleting information"" will destroy the archives ; (2) In terms of archives appraisal, it is necessary to examine whether personal privacy is involved, and balance the relationship between personal interests and public interests; (3) In terms of archives retrieval, the function of the retrieval system is facing restricted settings; (4) In terms of archives disposal or destruction , it may challenge the theory of Records Life Cycle , and may delete important archives involving personal issues."

Publisher

iSchools

Type of Resource

text

Language

eng

Permalink

http://hdl.handle.net/2142/109675

Copyright and License Information

Copyright 2021 is held by Jiaqing Long and Yongjun Xu. Copyright permissions, when appropriate, must be obtained directly from the authors.

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