헌법상 정보 프라이버시로서 ‘잊혀질 권리’

‘The Right to be Forgotten’ would be based on the Basic Human Rights which are applied to the Right of the Personality of 10 clause and the right of Information Privacy of 17 clause in Constitution, but how can it settle the collision at the freedom of speech. American Law ask for the rigid legal requirement for withdrawal of rightholder's consent in according to contract law and without newsworthiness, because freedom of speech has been taken into consideration of more important than any other rights. However EU has rendered the Right to be Forgotten as the right of human personality, the Right cannot contribute to an improvement of data protection law. Because of the concept is probably too vague to be establish, a clearer picture of the objective of a new fundamental right is necessary. Fortunately, France proposed by more specific codes of conduct on the right to be Forgotten in 2010. The Right must be complemented with legal instrument of the range of application and enforcement procedure and requirement and limit of legal benefit of protection. The right to be Forgotten should apply data protection principles on the basis of the acknowledgement of data rightholder's autonomy, in addition to the mechanism for information accountability needs to be introduced and procedure of information audit should be established. Therefore it would enable technical measures to be introduced more workable and efficient than legal instruments on the limit of the Right to be Forgotten. Consequently, it is insufficient to apply the requirements of data holder and data object in according to the existing personal data protection act, as well as there happen to those problems as the exception of data protection principles and burden of evidence in the sense of legal procedure terms. The right to be forgotten must be achieved by the revision of personal data protection act or by additional more specific codes of conduct on social network and search engine. corresponding with Constitutional law.