The realization path of personal information deletion right in anti telecom network fraud
Zhu Yuanwei
（Intellectual Property Development Institute of GBA, Peking University,Guangzhou 510000, China）
Abstract： The Anti-Telecommunications Network Fraud Law is a typical transformation of China′s approach to front-end crime prevention and control governance in the digital society, in which the information monitoring and sharing mechanism constructed therein serves as an example of collaborative governance between government and enterprises. The mechanism grants business organizations a certain degree of control over user information characterized by the instrumental use of personal information, making the relationship between the subject of information and the information processor more tense, and the result may be that the right to delete personal information is forced to fall through. In the process chain of the information monitoring mechanism, which is deconstructed into the information real name-information retention-risk information identification-risk information verification-risk information sharing-suspension of services, including the subject of the security obligation, the purpose of information processing, and the time limit of information retention are all incompatible with the scenario of the right of deletion. The path of resolution should be considered from within the normative system of the Personal Information Protection Law and the Anti-Telecommunications Network Fraud Law respectively, to clarify the reasonableness of the defense of the right to request for deletion of information under the jurisprudence and normative interpretation of statutory personal information utilization, to clarify the ambiguities related to the subject of the obligation, the scope and the content of the information monitoring and sharing mechanism, and at the same time to give the upper limit to the time limit and the way of information retention to realize the common will of the two
Key words : combating telecom and online fraud; personal information deletion;personal information monitoring and sharing; personal information retention
