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Although the right of privacy is not enumerated in Constitution in Taiwan,
the Justice constantly mentioned in the Judicial Yuan interpretation that the
right of privacy is one of the basic rights guaranteed by Constitution. Based on
not only human dignity, the protection personal subjectivity, and the integrity
of personality development, but also the protection of private area in personal
life and autonomous control of personal data, the right of privacy is an
indispensable right. On the other hand, The Right to Be Forgotten which is
protected by Constitution is considered as the extension of the right of privacy
and it can be the foundation of Constitution.
This article firstly discusses the impact and influence of Memory in the
digital age to the society. In accordance with the legal basis mentioned in
constitutional interpretation, the comparison between right to informational
self-determination, and Information Privacy is investigated in this paper. The
national legal basis and concept of the right of privacy and the right to be
forgotten are also explored in detail. Finally, we can refer to the conflict of
fundamental rights between other countries as references and provide relevant
insights.
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