Research On The Right To Be Forgotten

The right to be forgotten is the right that the data subject to requests the data controller to delete its personal data.It is based on the contradiction between the permanence of the network storage and the forgotten of the request of personal information.It provides a new and effective mechanism of protecting personal data information.In 2014,the EU Supreme Court ruled Gonzalez v.Google case,supporting that the data subject enjoys the right to be forgotten in the form of jurisprudence,which triggers and triggering attention of the world.There is no expression of the right to be forgotten in the law of our country.There are a small amount of researches on the right to be forgotten,but there are different understandings about the nature of the right to be forgotten,the legitimacy of the right to be forgotten and how to protect it.Therefore,there is a need for a systematic study of the right to be forgotten in our country in order to provide a theoretical basis for the future legislation.The controversy over the nature of the right to be forgotten revolves around the right of privacy and the right of personal information.The right to be forgotten is a personality right in the first place.But there are many differences compared with the traditional right of privacy.For example,public information on the internet is also part of the scope of the protection of the right to be forgotten,but the object of the right of privacy is private.And the exercise of the right to be forgotten is not subject to actual damage as a prerequisite.The core of the right to be forgotten is to delete the data information,and the purpose is to forget the past.In addition,its value is to pursuit more self-protection of personal information in order to safeguard the dignity of the main body.Therefore,the nature of the right to be forgotten is the right of self-determination of personal information,belonging to the scope of personal information rights.The right to be forgotten in our country is not groundless,it is put forward based on its theoretical and realistic foundation,and it is feasible in practice.In the era of large data,some unrelated,obsolete or even negative personal information is stuck in cyberspace,which puzzles the main body of the information.The requirement for the internet to forget their own information increasingly urgent.Moreover the provisions of existing laws on personal information protection are unsystematic,and these provisionsare scattered,legal status is low,can not achieve the protection of personal information rights.So it is necessary to establish the right to be forgotten in order to strengthen the protection of data subject.Although the right to be forgotten will threat the freedom of speech and social public interests,but this contradiction can be reconciled by the restriction mechanism.EU and the United States and other countries have relevant legislation and jurisprudence providing relevant reference to China.Google,Baidu and other network service providers have been in accordance with the practice of the right to be forgotten.The structure of the right to be forgotten is not clear,in terms of the oblige of the right to be forgotten should be limited to natural persons.Legal persons and other organizations are not the right subject of the right to be forgotten.The obligor of the right to be forgotten is any types of personal data controller.The object is the subjective personal information public on the internet.Besides,the condition of the right to be forgotten should be refined.When the data storage is illegal and purposeless,it can be requested.Based on the protection of freedom of speech and social and public interests,the right to be forgotten should have some specific restriction.The protection of the right to be forgotten should be achieved through the means of personal information protection law.There is no special personal information protection law in our legal system,which leads to the inability to incorporate the forgotten rights into protection.Therefore,it is necessary to establish a special law on the protection of personal information in China,and the contents of the right to be forgotten should be regulated,so as to realize the comprehensive protection of personal information.