Research On The Basic Theory And Application Of The Right To Be Forgotten

Due to the rapid development of network technology,the network has been widely popular,the number of network users has gradually increased,many personal privacy related to citizens will also be easily collected,which led to personal information infringement phenomenon occurs frequently,in order to solve such problems,the study of the forgotten rights is particularly important.This right was first proposed in European countries,after intense discussion and judicial practice,eventually in Europe has been established,in addition,the United States,California has adopted the "Eraser Act",the right to be recognized.Although the scope of the right and related rights and obligations are not perfect,but for the legal profession and judicial practice in the protection of network user information has played an important role.The first two parts of this paper mainly through analysis the case of the right to be forgotten-Google v.Gonzales case,summed up some of the basic content of this right,such as the connotation and quality.China has not established the right to be forgotten,but with the network user information infringement problems intensified,scholars have conducted in-depth study on this right.The third part of the paper analyzes the current situation of network environment and judicial situation in China,and combined with foreign cases of the right to be forgotten,and expounds the feasibility and necessity of the existence of rights in our country.The forth part mainly analyzes the dispute between the right of forgotten and other rights.Due to the right to be forgotten in the network service providers to delete the relevant information may will conflict with the right to the public's right to know,and even contrary to freedom of expression,for this reason,it is necessary to find a balance of interests in the application of this right to ease the conflict.Moreover,there are conflicts between individual interests and public interests in the right to be forgotten,when a citizen requests a deletion of information that relates to the public interest,the removal of the public interest would result in damage to the public interest,then it is necessary to appropriately restrict the application of this right,to ensure that the public interest is given priority to protection.Finally,the fifth part of this article mainly analyzes the application of the law related to the right to be forgotten in judicial practice,through the combination of domestic and foreign provisions on the right,expounds its application scope and limitation,and then analyzes the behavior of tort liability and the form of responsibility,and according to our first case of the right to be forgotten to summed up the protection standard of the right.The regulation of personal information protection in China is not perfect enough.We should realize the importance of the right to be forgotten to protect personal information and draw lessons from it,so as to enhance the security of citizens' network information.