Research On Legal Protection Of The Right To Be Forgoten

Along with the great challenge brought by the advent of the open data era to the protection of personal information,the right to be forgotten has gradually entered people’s attention,and its legislative value has gradually become prominent.Foreign countries have actively explored the “right to be forgotten”.Since the European Union established the system of forgotten in the Gonzalez v.Google case in 2015,the General Data Protection Regulations have strengthened the protection of the right to be forgotten,and its development has gradually matured;The Wiping Act has partially affirmed the system of forgotten rights.China’s current law does not stipulate the right to be forgotten.However,with the occurrence of the first case of forgotten in China,this system has entered the line of sight of our nationals,and the call for localization of the right to forget is getting higher and higher.Based on the development needs of the current era and the special value of the system of forgotten rights,the localization of the right to be forgotten is feasible.In addition,the current legal basis in China satisfies the possibility of constructing the system of forgotten rights,and more and more network operators are now in the act of protecting the right to be forgotten.It is just around the corner to build a system of forgotten rights.However,the key to the localization of the system of forgotten rights is to clarify the conflicts between the personal interests and freedom of expression protected by personal information and the public interest contained in the public’s right to know.The protection of the right to be forgotten is the best through the measure of interest.select.At present,China should firmly grasp the historical opportunity of comprehensively administering the country according to law,integrate with the international community,build a personal information protection system that can cope with the challenges brought by the era of big data,and accelerate the legislation of personal information protection on the basis of conforming to China’s national conditions.In the process of personal information protection legislation,the system of forgotten rights is introduced as soon as possible,and the legal concept and nature of the right to be forgotten are clearly defined in the legislative process of the forgotten rights system,and the scope of protection of the right to be forgotten and the protection of the right to be forgotten are clearly defined.Ways to find a balance between the protection of personality interests and theprotection of the public’s right to know.Specifically,on the basis of China’s existing legal system,China should pass the law as soon as possible to clearly define the system of forgotten rights.First of all,the concept of the right to be forgotten should be clarified.The right to be forgotten is the requirement of the information subject to receive the network information service provider.The right to delete information that has been published on the network that is related to itself,and the necessity that the information has not existed or its continued retention will cause confusion to the information subject.The key to protecting the right to be forgotten is to clarify the scope of protection of the right to be forgotten,that is,what kind of information can be applied to the forgotten right to delete.This should be considered in two aspects: one is that the information is currently Whether it is in an incorrect state or in an outdated state(no social significance)and the continued retention of this information will cause problems for the information subject and negatively affect the social evaluation of the information subject.Second,when the information relates to the public interest,such as the public’s right to know,the social public attribute strength of the information and the timeliness of the information should be analyzed,and the interest balance should be used to determine whether the information should belong to the protection range of the right to be forgotten.In addition,what kind of property is forgotten,and the system of establishing the right to be forgotten should be clear.In view of the fact that the object of the right to be forgotten has a strong personality attribute,and the right to be forgotten protects the personality rights of citizens on the Internet,it is concluded that the right to be forgotten should be a new type of specific personality right,but the right to be forgotten The protected personal interests are not relatively independent and cannot form an independent personality.They should be attached to a specific personality right.By comparing the right to be forgotten with the personal right of personal information and privacy,which are closely related to the right to be forgotten,it is more reasonable to attribute the right to be forgotten to the personal information right.A subordinate right that falls under the right to personal information.Since there is no legislation on the right to be forgotten in China,in addition toprotecting the right to be forgotten through the perspective of tort law,the legislature of China should formulate a separate personal information protection law as soon as possible,and collect and use personal information through legislation.custody,deletion,etc.,to create a good personal information protection system,and to include the right to be forgotten of a derivative right belonging to the right to personal information,in order to determine the independent protection path of the right to be forgotten.In protecting the right to be forgotten,the tort liability for the right to be forgotten should be clarified.The main points should be noted: First,the principle of liability for the right to forget is applied in the Tort Liability Law of China.The information subject can prove the causal relationship between the illegal act and the harmful consequences in the infringement lawsuit.However,if the network service provider cannot prove that there is no fault,it is presumed that it is at fault from the fact of the damage and should bear the tort liability.Through this principle of imputation,we can weigh the unequal status of the information subject and the information controller,and protect the forgotten right holder from abuse of rights,so as to better exert the power of the forgotten right and protect the personality of the party to a greater extent.interest.Second,regarding the excuses for the tort rights of forgotten rights,under the circumstances of protecting freedom of speech,public interest or scientific research purposes,data statistics,or criminal information published by the state public office ex officio,the information controller This can be used to claim the exemption from the tort rights of forgotten rights.