On The Localization Of China’s Forgotten Right In The Age Of Big Data

Data sharing across domains in the era of big data is very frequent,people trust and rely on the convenience of big data,and big data also records the trajectory of everyone.In the face of big data,everyone has nowhere to go,and data and information are almost transparent.The right to be forgotten is a novel legal right enjoyed by natural persons in order to protect the security and privacy of personal information in the era of big data in the Internet.It refers to the right of natural persons to request information controllers to delete their information and stop spreading under certain conditions..The right to be forgotten gives the information subject the right to “forgotten” personal information,and is “invisible” in the “monitored” environment,retaining the remaining space of the individual.In order to guarantee and effectively implement the right to be forgotten,it is necessary to clarify the scope of the implementation of the right to be forgotten and the definition of other civil legal rights,and coordinate the balance of interest conflicts between the right to be forgotten and the freedom of speech and the right to know.In 2012,the General Data Protection Regulations enacted by the European Union established the right to be forgotten.From the perspective of the EU data protection system,the right to be forgotten stems from its long-standing right to self-determination,forgetting,and deletion of information,which is essentially forgotten.Two dimensions of rights and deletion rights.The system construction of the right to be forgotten has certain enlightenment significance for China.China should seize the historical opportunity of comprehensively administering the country according to law and build a personal information protection system that can respond to the challenges of technological development in the era of big data and conform to China’s national conditions.This paper begins with an overview of the right to be forgotten,and introduces in detail the background of the right to be forgotten,the legal basis for the right to be forgotten in China,and the first case of the right to be forgotten in China,which raises the issue of the right to be forgotten.Then,from the forgotten right and other legal rights,the forgotten right is distinguished from the right to privacy and the right to delete.It is different from other civil legal rights and has a good balance between the right to be forgotten and other civil legal rights.Conflict of interest issues.Furthermore,it draws on and analyzes the legislative mechanisms for the forgotten rights of the EU and the US outside the region.Finally,it is suggested that China should absorb the essence of Article 17 of the EU General Data Protection Regulations,absorb the advanced experience of the US forgotten rights and focus on protecting the rights of minors,and formulate personal information protection as soon as possible according to the current legal basis of the forgotten right in China.Law,and define the specific scope of application and exceptions of the right to be forgotten,so as to introduce legal rights to be forgotten in accordance with China’s national conditions.