数字时代个人信息删除标准的构建OACHSSCD

The innovation of digital technologies poses structural challenges to the traditional conceptual system of law.The ambiguity surrounding the concept of"deletion"has directly led to the absence of clear standards for personal information deletion,creating practical difficulties for data compliance and judicial adjudication and affecting the effective realization of the right to erasure.Constructing a relative deletion standard based on the principle of proportionality,and achieving an organic integration of legal effectiveness and technological rationality through a dynamic balancing mechanism,has become a feasible approach to addressing these challenges.The relative deletion standard is reasonable in multiple respects:theoretically,it conforms to the requirements of the proportionality principle;practically,it can overcome technical barriers to deletion and facilitate precise,scenario-based implementation;normatively,it reflects the feasibility of expansive interpretation.The core of constructing deletion standards should be anchored in the"identifiability"of personal information,establishing a dual-layer evaluation system of"interruption of identification+risk prevention".At the technical level,multiple deletion methods-including physical deletion,anonymization,de-identification,and information blocking-can be adopted to interrupt identity recognition and achieve the substantive effect of"interruption of identification".At the risk level,a re-identification risk prevention mechanism should be established by measures such as enhancing encryption strength and imposing commitments prohibiting re-identification,thereby keeping risks within a reasonable threshold.The optimized selection of deletion methods should follow the principles of necessity and dynamic balance.On the one hand,through subject classification,differentiated deletion approaches should be adopted among rights holders such as minors,public figures,and released offenders,as well as among obligation-bearing entities of different scales.On the other hand,through object classification,differentiated protection should be implemented for ordinary personal information and sensitive personal information.Ultimately,legislative provisions,judicial interpretations,and technical standards should provide guidance for practice,thereby promoting a positive interaction between personal information protection and the development of the digital economy.