Research On The Scope Of Application Of The Right To Be Forgotten

In the Internet age,our lives are filled with information sources everywhere,no missing information monitoring,and diversified data processing.we need be forced to be forgotten by law for the freedom and tranquility of our private life.The right to be forgotten and its legalization in EU and other countries meets the needs of protecting personal privacy space in the big data era.At the same time,the value of information encourages us to aware and manage our personal information with the advancing of human rights protection consciousness.The personal data can be conditionally deleted also make the data controller improve the degree of the data quality of the audition and awareness of reasonable processing of data,it is more conducive to data control and legally flow.However,there is a theoretical and value of the conflict with the beginning of the right to be forgotten,which the right stem from the dignity of the human dignity and the freedom also suffered the criticism from it.The maintenance of the rights of forgotten rights injudicial practice often crossed the relationship with administration and state security,and there was also a interests trade-off between national and others.Therefore,it is necessary to provide reference for the future legislation of personal data in China by analyzing and interpreting the scope of application of the right to be forgotten in the context of EU law,using the principle of interest measurement and proportionality to determine the proper scope of application of the right.In our country,the legalization of the right to be forgotten is difficult to complete in the short term under the influence of right legalism.the uncertainty of the discretionary standards,decentralization of the information control norms,and the lack of specific unified information regulatory agencies make the specific application of the right to be forgotten must be slow.The double embarrassment in the theory and practice also makes it necessary for the application of the right to be forgotten carefully.The concept of the right to be forgotten is not the local idea which developed by our country's political,economic,cultural and legal environment.Although it may currently meet the needs of the personal information protection,it has to face the conflict and balance of the right itself.The localization of the new rights of non-localization should also solve the problem of institutional arrangements with existing laws.To study the scope of application of the right to be forgotten,it is indispensable to determine the reasonable protection of the right to be forgotten,proving the appropriateness of the application of the right to be forgotten,however,protecting the personal information protection legislation and the protection of the current personal information the guidance and reference in the future.The main body of this article is composed of five parts.The first part is the brief summary of the meaning of the forgotten right and its scope of application.The author makes a preliminary analysis on the boundary between the right of to be forgotten and the rights similar to it.Focusing on the comparative study the attitudes of the EU and other countries or regions for the right to be forgotten and the scope of its application requirements,the third part is through the specific analysis of the right to be forgotten by proportionality principle and interest measure in the theoretical point of view on the context of EU legislative system,clarifying the proper explanation and legal basis of the subject,object,situation and condition of this right.The fourth part lies with the main conflicts of interests and value exist in the application of the right to be forgotten.The fifth part is analyzing the right to be forgotten in our country in the term of the theory and the specific judicial practice,to carry out the legal localization of the right to be forgotten and the balance with other rights.And the application of the problem to be faced with,especially clear the scope of the right to be forgotten for the personal information legislation for reference.