Research On Legal Protection Of The “Right To Be Forgotten” Of Citizens

In the Internet age, due to the personal information is easy to collect, store, and use.It thus increase the risk of the abuse of personal information by others, also bring huge challenges to the protection of personal information..Science and technology is a double-edged sword. Digital memory in overcome forgetting the constraints of the normal, also brought huge benefits to human beings. But it also bring about unexpected negative effects to mankind. When remember become the norm, forgetting an exception when Internet footprint memorized all of your information. These digital memories of retrieval, permanent characteristics, deprive individual’s ability to control all your personal information. This is because, with the development of science and technology and Internet technology, the Internet to save a large amount of personal information. Anyone who use the Internet search access to personal information, and the access is not allowed without the information owner or control person. Even daily online shopping will be leaving a lot of personal information on the Internet, coupled with the permanent features of digital memory, people can access the personal information is stored in the Internet will be more and more under the accumulate over a long period. When information subject consciousness that he may have lost control of all your personal information, they can do is more careful, more careful when using the Internet.In this context, how to protect our personal information privacy and how personal information under the network environment the forgotten becomes the important problem in today’s society to be solved urgently. Therefore, South Korea in 2012 revised the information the communication network to promote the use and protection act, in which increases the information subject of right of "forgotten"; The European commission issued in January 2012 the reform about personal information protection, adding a new rights to "forgotten", in order to protect the network main body’s personal information shall be inviolable.Right to be forgotten is mainly to solve today’s society brought by the personal data is stored in a lot of hidden trouble and disputes. Despite the right to be forgotten is a new right, but in the west there are at least two theoretical sources, privacy law and property law. Privacy laws information notice to protect everyone’s personality, because most of the personal data privacy; Property law is notice to protect the information of all of the ownership of the property, because personal data also has a certain property attribute. These two kinds of law for the development of the right to be forgotten provided the legal basis, but are unable to provide full support for this right.In 2012, the European commission to the right to be forgotten is defined as: personal information should be use period, when the information provider think no longer need those information, when the personal information is no longer meet the information collection of purpose or other cases, the information providers have the right to request the relevant authorities to delete any information related to relevant authorities shall immediately delete or take steps to prevent the further spread of information. This means that citizens can request delete their personal information in the network, the data subject’s data, simply remove the behavior is against social and public interests and infringes the legitimate rights and interests of others.Right to be forgotten content mainly includes three aspects: first, the right to be forgotten, that is, information subject to decide whether to share and how to share personal information. Second, the main body of information can access to personal information at any time with reason, purpose, scope, time limit and other such matters once found illegal or breached the contract situation, may at any time request correct, delete personal information. Third, the information shall have the right to demand information processing subject obligations. Personal information users in violation of the laws and regulations or in violation of the agreement, or using the expiry of the time limit, the except in the case of legal rules, information subject can ask users to completely remove the personal information collected.Because the protection of citizens’ personal information legislation in China is still in its infancy, in order to enhance the level of personal information protection in China, it is necessary to learn about other countries and regions of the legislative protection of right of "forgotten", on the basis of deep understanding, research, explore the "forgotten", as to offer help and reference for the legislation of personal information protection in China.