Study On The Right Of Forgotten In The Protection Of Personal Information

With the coming of big data wave,the third technological revolution has provided new possibilities for the acquisition,processing and application of data.Data is increasingly regarded as an asset of great value,and the data-driven economic situation is irreversible.However,in the current era of big data,personal information,as the basic data type,is facing the risk of unauthorized collection,excessive use and disclosure.In this battle for data,the digitization of information makes memory take on the characteristics of eternity.The permanent memory of personal information brings people a lot of troubles and risks,and the control of personal information gradually declines.Under the background of the right to be forgotten "arises at the historic moment,as a new type of right,while right concept is forgotten the emergence and development of only a short decades,but in 2010 the European court ruling" Google v.gonzales’ right to be forgotten "worldwide attention and discussion,to 2015" Ren Jia jade v baidu "this right for the first time in our country judicial view,all subject to the right of appeal.In recent years,the discussion of "the right to be forgotten" by domestic and foreign scholars has been carried out from different dimensions,with different starting points and landing points,showing a trend of contention among a hundred schools of thought.Chinese scholars still have obvious differences on the connotation,legitimacy,generative logic,legal nature and attribution of the right to be forgotten,which brings unprecedented challenges to judicial practice.Therefore,the right to be forgotten has become an important problem to be solved in the legislation and judicature of our country.The main body of this paper mainly includes six parts.The first part is defined by the origin and concept of the right to forget.This part goes deep into the development of the Internet and explores the origin and development of the right to be forgotten from the legislative and judicial aspects.On the basis of comparative analysis of the broad and negative concepts of theconcept of forgotten,the author believes that the understanding of the right to forget should be narrowly defined.The second part is compared with the extraterritorial legislation of the right to be forgotten.This section sorts out the theory and practice of establishing the right to be forgotten in the European Union,the United States,and other countries.Through the use of comparative analysis methods,the paper analyzes the forgotten legislative model and theoretical support of the EU and the United States from the three dimensions of digital strategy background,personal data theory and interest measurement,and provides legislative ideas for the forgotten right in the construction of China’s system.The third part is the right to be forgotten.This part proves from the inherent ethics and external logic of rights that the right to be forgotten should be protected as a new type of right.Among them,the justification of the right to be forgotten and the necessity of protection of rights prove that it conforms to the inherent ethics of rights.At the same time,it proves that it conforms to the external logic of rights by interpreting the benefits of the forgotten rights that cannot be incorporated into the existing legal rights types and clearly distinguishing the core elements of their rights.The fourth part introduces the legal nature of the right to be forgotten.On the basis of clarifying the category of the right to be forgotten,this part studies the privacy rights,the general personality rights and the personal information rights of scholars on the nature of the right to be forgotten,and deeply analyzes the three theories behind Different personality rights models based on.This paper proposes that under the protection of personality rights in China,the right to be forgotten should be regarded as a content of rights under the right of personal information.The fifth part is about the status quo and the predicament of the protection of the right to be forgotten in China.This part first analyzes the status quo of the protection of the right to forget from both the legislative and judicial aspects.In legislation,although China does not clarify the legalstatus of the right to be forgotten,it can explore its legislative basis from the current legal provisions.Judicially,through the analysis of the case of “Ren Jiayu v.Baidu Company”,the necessity of paying attention to the right to be forgotten was expounded.Secondly,it discusses the two aspects of rights value conflict and network technology challenge,and analyzes the real dilemma faced by the right to be forgotten.The sixth part is the idea of China’s right to be forgotten.This part mainly contains two aspects.On the one hand,combined with China’s legal basis and the real dilemma faced,it is proposed that China can introduce the legislative path of the right to forget in the "Personal Information Protection Law" that has not yet been introduced.On the other hand,through the in-depth analysis of the EU’s system of forgotten rights,the author proposes the subject,object,content and boundary of the right to be forgotten from the perspective of the rights structure system,and initially proposes the construction of the right system of the right to be forgotten in China.