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The Right To Be Forgotten

Posted on:2020-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y JinFull Text:PDF
GTID:2416330575474856Subject:legal
Abstract/Summary:PDF Full Text Request
In the book "Delete: The Virtue of Forgetting in the Digital Age",one of the key issues discussed is that the storage of data does not have the characteristics that humans will forget,“In the digital age,perhaps the most fundamental changes in the human,are memories and past balance has been reversed,submit the information to the digital storage has become the default state,forgetting is the exception.” Therefore,the author first proposed the concept of the "Right to be Forgotten".This concept has also been recognized in the European Union.According to the judgment of the European court of justice in the Google Spanish case in 2014,the concept of the right to be forgotten was formally proposed in article 17 of the general data regulation later issued.After defining the right to be forgotten,this paper briefly introduces the right to be forgotten through the theoretical basis,domestic and foreign legislation and other aspects.However,with the rapid development of network social networking,a series of problems have emerged in practice,and the existing system supply obviously cannot solve these problems.Among them,the network community information activities in one of the most common ways of social networking-Network Posting,in reality,there is a difficult to delete posts,paid deleted posts chaos;Secondly,in the current hot network broadcast,the anchors ridicule heroic phenomenon,whether the anchors can be applied to the right to be forgotten;In addition,the academic fraud phenomenon of the right to be forgotten regulation.Not only that,domestic traditional solutions and laws and regulations are difficult to effectively curb the occurrence of this situation.In view of the above analysis,it proves that the existing chaos in our country urgently needs to be solved,and this is exactly the space where the right to be forgotten can play a role.However,due to the vague definition of the right attribute and scope of application of the right to be forgotten,the academic community's attitude towards the right to be forgotten has been full of controversy and has been unable to be introduced,so the ownership and scope of the right to be forgotten should be re-examined.The main body of this article is composed of four parts.The first part is the analysis of the theoretical basis of the right to be forgotten and the study of the right to be forgotten at home and abroad;The second part is to interpret the current confusion of network information release and other issues,respectively discuss the phenomenon of online post deletion,network anchor ridicule heroes,academic fraud can be forgotten and other issues,and explain the current domestic lack of effective system supply of such phenomena,put forward the practical significance of the right to be forgotten introduced;The third part is the theoretical discussion on the introduction of the right to be forgotten,so as to clarify the applicable scope of the right to be forgotten.The fourth part proposes the definition of the scope of application of the right to be forgotten and the solution path suitable for the local area.
Keywords/Search Tags:The right to be forgotten, Delete posts on the Internet, Scope of application, The interests of the measure
PDF Full Text Request
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