Research On The Legal Issues Of The Right To Be Forgotten Of Personal Information In The Network Environment

In the early years,limited by the technical conditions and the way information was transmitted,the space and time of information dissemination were limited.Based on the instinct that people forget,some things will gradually disappear and fade out of the public’s vision as people’s natural forgetting.However,today,digital technology has lost the ability of human society to forget,replaced by perfect memory.The accessibility,persistence,and comprehensive nature of digital memory make it difficult for people to escape their past.In the network environment,personal information is widely collected and permanently stored,and the collection of information outlines the network personality of each of us.In front of the Internet,people seem to be a transparent person,without privacy and peace of life.People suffer from all kinds of damages and troubles caused by past behaviors,hindering the development of their personality freedom.In order to achieve the balance between forgetting and memory,the human dignity and information autonomy of the information subject are maintained,and the right to be forgotten is born.The establishment of the right to be forgotten has attracted extensive attention and discussion from scholars at home and abroad,but scholars do not have a unified definition of its connotation and legal attributes.This paper takes the origin of the right to be forgotten as the starting point of research,and clarifies that it is a right granted to the data subject to delete the data of the public data request,unless the data is retained for legitimate reasons.As an emerging legal right,it should be attributed to personality rights and attached to personal information rights.Outside the domain,the right to be forgotten has also developed in the EU and the United States,but due to various factors,the two have shown many differences in legislation.In practice,the conflict of rights such as the right to be forgotten and freedom of speech and the right to know the public has become an important obstacle to the application and development of the right to forget.However,conflicts of rights are not irreconcilable,and conflicts of rights are reflected in the conflict between the values of law.Through the introduction of the principle of proportionality,the value is measured to achieve the balance of different interests and the least damage.The right to beforgotten is the inevitable result of the development of personality rights and privacy legislation in the Internet environment.Based on the current legislative situation of personal information protection in China and the existing judicial decisions,there is no unified personal data protection law in China.There is no clear legislative provision on the right to be forgotten.In the face of the challenges and risks faced by personal information protection in the network environment,China should actively respond and choose appropriate protection paths based on the advanced legislative experience of Europe and the United States.Scientific and rational system construction,in order to continuously improve China’s personal information protection legislation.