Discussion On The Boundary Of The Right To Be Forgotten

The arrival of the era of big data makes it possible to store information completely.When time-forgotten information is mined and reappeared in public view,it often has an unexpected impact on a person's social evaluation.The arrival of the era of big data breaks the inherent pattern of “forgetting is the normal,memory is the exception”.The infinite storage function enables people to live in the digital “circular prison”.Digital information will follow a person's life and even eternity.Forgotten right should refer to the right of the subject of network information to delete original data,copy data and link in the field of information network,which may reduce the social evaluation and harmful personal information due to the inappropriateness of the subject of network information.The right to be forgotten is a civil right and a right of personality.The right to be forgotten has boundaries,mainly because of the differences in translation,the vagueness of language expression,the abstractness of law and the incompleteness of experience induction.Discussing that the right to be forgotten can distinguish the right to be forgotten from other similar rights and develop the unique function of the right to be forgotten.As for the proof of the right to be forgotten,volitionalism interprets the rationality of the existence of the right to be forgotten from the perspective of free choice and self-control.Hoffield's Quarter of Rights can divide the right to be forgotten into two aspects: the right to claim and the right to freedom.In terms of the distinction between the right to be forgotten and the right to be deleted,the right to be forgotten is the purpose,and the right to be deleted is the means to realize the right to be forgotten.The exercise of the right to be forgotten depends on the right to be deleted.From the point of view of the nature of information,the information controlled by the subject and the information controlled by others are identical,but the legitimate information controlled by others can only exercise the right to be forgotten.Compared with the right to personal information,the right to be forgotten can be regarded as a means of protecting the right to self-determination of personal information to a certain extent,but from the perspective of legitimate information,the right to personal information can't be protected.Compared with the right to privacy,the right to privacy will be lost when the information protected by the right to privacy is published,but the information protected by the right to forgetfulness will still have operational value after being infringed.There are differences in the legality of information publication.The scope of rights protected by the right to be forgotten and the right to privacy is also different.Finally,it provides theoretical preparation for the establishment of the right to be forgotten in China,and demonstrates that there exists an environment for the establishment of the right to be forgotten in China.