Research On The Right To Be Forgotten

As a new right,the right to be forgotten is the right of individuals to delete personal information on the network,and then to achieve the purpose of being forgotten.This right was first appeared in the EU personal data protection directive,and the establishment of the EU court case.From the point of view of the value of the right to be forgotten,can realize the purpose of protecting the right of personality,gives people a "second chance" to get rid of the past negative information problems,the exercise of the right to be forgotten will not pose a threat to the freedom of speech,but also can reduce the individual speech concerns.At present,the number of internet users in China has exceeded the total population in Europe,is the world’s largest number of Internet users in the country,with the real needs of the right to be forgotten.2016,China’s first case of the right to be forgotten,the court did not support the plaintiff forgotten lawsuit request.Many people will be "the first case of the right to be forgotten" to compare with the European Union,and simply concluded that our country does not protect the legal basis of the right to be forgotten conclusions.This paper argues that the two case in the original information release purposes,information subject interests are different,can not be so sure,whether it is effective "decision on strengthening the network information protection" and other laws and regulations,or the entry into force of the "general principles of civil law" and the "security law network",have on the protection of personal information the content,constitute the legal basis for China’s protection of the right to be forgotten.This paper argues that,from the name,the right to be forgotten has a strong emotional color,too much emphasis on the realization of the right,it should return to the essence of the right and the exercise of the way,as the right to delete information.From the nature,the right to be forgotten in the personality right system,but not a specific right of personality,should be a right belongs to the right of personal information,or form a right,namely the right to delete personal information rights,the final goal is to maintain the rights of privacy and reputation rights,in China has not the right of personal information of specific conditions,the right to be forgotten by the legal interpretation of the way to get through the protection of privacy and reputation.See from the exercise of rights,the right to be forgotten is a kind of active right,its object includes not only the privacy of personal information,but also disclosure of personal information,which is the right to be forgotten is not attributable to the right of privacy,and should belong to the reason of personal information right.The subject of the forgotten subject is a natural person,the main body is the Internet search engine and social networking platform,other network platform should be returned to the general field of personal information infringement.To exercise the right to be forgotten,the subject of information should first put forward to the main obligations in not met after the lawsuit,the burden of proof on the basis of the principle of fault liability,request to delete the information should have lost the original announcement,will cause be inopportune or inappropriate lower social evaluation features.The existing legal system in our country,the right to be forgotten can seek relief through the "tort liability law" right of privacy and the tort liability in general terms,when the "general principles of civil law" and "security law" after the entry into force,can invoke the content related to personal information protection.Enhancing predictability is an important goal of the protection of personality rights.Therefore,it is necessary to establish the position of personal information right in the system of personality right,and then put forward the "personal information protection law" to delete the right of personal information.Of course,construction of the right to be forgotten conflicts of interest more complex,facing the world situation is not the same,there is no uniform template,build a complete form of the right to be forgotten is not the protection of personal information right to delete the only way,the key still depends on the background of the rapid development of the network,constantly optimize the personal information protection system in China.