The Research Of The Legality And The Institutional Development Of The Right To Be Forgotten Right

With the continuous development of the mobile Internet,the acquisition of personal information on the Internet is becoming more and more convenient.As a result,the conflict between the freedom of data dissemination on the Internet and the privacy protection of personal information needs to be resolved.The right to be forgotten is an emerging right.It refers to the individual's request to delete the personal information rights related to it on the Internet,and thus achieve the purpose of being forgotten.This right first appeared in the EU Directive on the Protection of Personal Data,which was the earliest concept of the right to be forgotten.The right to be forgotten was formally established as a judgment in the case of Google V.Gonzales.From the point of view of value,the right to be forgotten can protect individual personality,allow people to get rid of negative information and obtain a second new life.It provides a legal way for the protection of personal information in the era of big data.Since its development,China has become the world's largest country with the largest number of Internet users.The high internet usage rate has a realistic basis for the construction of forgotten rights.In 2016,after the "Ren Jiayu Case",the first case of the right to be forgotten,appeared in China,the case court did not support the plaintiff's claims for "right to be forgotten".Based on this,many experts and scholars compared the results of the trial in the EU case with the results of the case trial,and concluded that: China does not have the legal basis to protect citizens' right to be forgotten.However,I think that there are great differences between the two cases.For example,the purpose of information issuance,the interests of information subjects,etc.are different.In addition,regardless of the civil law and cyber security laws in China,the protection of network information is also strengthened.In the decision-making and tort liability laws,there are clear laws and regulations stipulating the protection of personal information;according to this,China has a legal basis for protecting the rights of citizens to be forgotten.From the perspective of nature,even if the right to be forgotten is an emerging right,after careful analysis,it can be found that the right to be forgotten lies in the system of personality rights,but it is not a specific personality right and should be part of the personal information right.That is,the right to delete the right to personal information,because the ultimate purpose of the right to be forgotten is to maintain the rights of privacy,reputation,etc.,and under the condition that China has not yet embodied the right of personal information,the right to be forgotten can be interpreted by law and through privacy.Right,reputation,etc.are protected.From the perspective of the exercise of rights,citizens' rights of being forgotten are taken as an initiative right,and their rights object includes not only private personal information but also public personal information.This results in the right to be forgotten that should not be attributed to the right of privacy.The scope should belong to personal information rights.Judging from the scope of the rights of forgotten rights,due to the rapid dissemination of network information and long-term storage,the disclosure of personal information on the Internet will cause great harm.Based on this,the scope of the rights to be forgotten shall be limited within the Internet space to ensure personal Information will not be widely disseminated.Each right has a right subject and an obligation subject.Although the right to be forgotten is an emerging right,it also has its own right subject,namely the natural person,the obligation subject is the network platform,the Internet search engine,and the personal information in other information network platforms.Should be divided into general infringement areas.From this point of view,an individual can submit to an obligatory entity.If the obligatory entity is not dealt with,an individual can file a lawsuit with the court,and use the information published by the obligatory entity on the network platform as proof to prove that the obligatory entity has been published on the network platform.Inadequate,outdated and continued retention of personal information that would lead to a reduction in its social assessment will be removed to ensure the privacy of personal information;and the obligations of the subject can also be based on freedom of speech,voluntary voluntary disclosure of information and other reasons.Under the existing legal system in China,the protection of the right to be forgotten can only be achieved indirectly through the protection of the content of personal information related to the Tort Liability Act,the General Principles of Civil Law and the Network Information Security Law.The important goal of personal right protection is to enhance predictability.From this point of view,if we want to formulate the ideal protection form of the right to be forgotten,we must first establish the position of personal information in the system of personality rights,and then introduce specific laws and regulations that clearly stipulate the right to delete personal information.The construction of rights to be forgotten involves more complexconflicts of interest.Protection of the right to be forgotten has different national conditions in different countries.Each country must formulate relevant laws and regulations and must formulate its right to be forgotten according to its national conditions.Protection of the legal system.Of course,building a complete form of the right to be forgotten is not the only way to protect the right to delete personal information.The key lies in the continuous improvement of China's personal information protection system in the context of the rapid development of the Internet.