Feasibility Study on Applying the Right to Be Forgotten for Credit Restoration in Personal Bankruptcy

Measures for the Administration of the Repair of Credit Information after the Remedying of Dishonesty (for Trial Implementation)(《失信行为纠正后的信用信息修复管理办法(试行）》)promulgated and will be implemented soon marks another milestone in the construction of China's credit repair mechanism. While providing more credit repair opportunities for the untrustworthy can also effectively protect individuals' legitimate rights and interests. However, under the background of personal bankruptcy, the credit repair mechanism for debtors is still absent. Within the reasonable limits specified by the law, the rights and interests of the debtor's credit restoration should be protected. In modern society, credit records are stored and used in the credit system and become a kind of "credit information" highly related to individuals. The credit subject's credit information also enjoys the right to be forgotten in law, constituting the premise of using the right to be forgotten for credit restoration. When considering the use of the right to be forgotten for credit restoration, it is also necessary to pay attention to balancing social interests and personal interests to ensure the rationality of use and Legitimacy. In addition, procedures and principles must be followed to ensure fairness, justice, transparency, and controllability. At the same time, we also need to be alert to potential risks brought about by the abuse of the right to be forgotten, such as infringing on the privacy of others. Therefore, the correct use of the forgotten right to credit restoration requires careful consideration of various factors and balances the interests of all parties to achieve both individual relief and informed transactions, protect personal freedoms, and prevent other people from suffering losses. With the continuous improvement and promotion of this mechanism, credit restoration will play a more critical role in a broader range and make more significant contributions to building a credit society.