Research On The Legislative Construction Of The Right To Be Forgotten

Nowadays,with the development of globalization,the Internet records people’s inappropriate information and violates the rights and interests of some people’s personal information.In order to make the information that is no longer needed on the network in the past be forgotten,data subjects can exercise the right to be forgotten and require data controllers or search engines to delete it.The right to be forgotten is the right of natural persons to require search engines to remove outdated,incorrect and irrelevant information to prevent the further spread of personal data.The right to be forgotten not only meets the needs and control of information rights of citizens in the Internet era,but also safeguards the personal dignity of citizens.The exercise of the right to be forgotten not only protects citizens’ personal information rights,but also maintains the security order of the Internet.From the perspective of individual,society and country,the right to be forgotten is of great practical significance to the development of society in the"Internet era".Although China is in a new period of rapid information development,and there is no law related to the right to be forgotten in China.When China establishes relevant laws to protect citizens’ personal information,it should take into account the development situation of information related industries nowadays,pay attention to the relevant culture of privacy protection,and establish relevant laws based on China’s specific conditions.Therefore,this paper explores the issues related to the right to be forgotten through four aspects.First,it Outlines the emergence and background of the right to be forgotten,including the precedent of the European court of justice,the American act on the special "right to be forgotten" for minors,and compares the right to be forgotten in the European Union with the content of the right to be forgotten in the United States,providing experience for the establishment of the right to be forgotten in China.Secondly,it mainly summarizes the foundation of the legislation construction of the right to be forgotten.The basic content of the right to be forgotten,the relevant disputes of the right to be forgotten,the legislative construction value of the right to be forgotten,and the necessity and feasibility of the right to be forgotten in our country are described in detail.By comparing the different practices of other countries and regions in protecting personal information and combining the development of information network and law in China today,it is found that China is suitable and necessary to establish the right to be forgotten.Thirdly,it summarizes the practice of the right to be forgotten" in China.Fourthly,it establishes the right of indigenization to be forgotten according to the specific situation of China.This paper expounds the problems existing in the legislation construction of the right to be forgotten in the protection of personal information in China,and puts forward some opinions,including the nature and basic content of establishing the indigenized right to be forgotten according to the national conditions.When the right holder’s right to be forgotten is violated how to remedy,with what kind of responsibility principle.There are also exceptions where the right holder exercises the right to be forgotten.This paper also reviews the relevant data comprehensively,introduces the right to be forgotten in detail,takes into account the views of different scholars and experts on this issue,and combines its latest development direction in the world,hoping to put forward Suggestions in line with China’s characteristics.