The Localization Construction Of The Right To Be Forgotten

In the era of big data,while the network brings efficiency and convenience,it also makes the cost of separating privacy space from physical and legal principles very high.Memory becomes the norm,and forgetting becomes the exception.The Internet will not forget anything,and at the same time,it also gives rise to the expectation that people will seek to be forgotten in the Internet age.The EU has established the right to be forgotten for the purpose of protecting the rights of data subjects.From the study of the right to be forgotten in our academic circles,the concept of the right to be forgotten has not been clearly defined,and the relationship between the right to be forgotten and the right to be deleted is still in a relatively chaotic state.From the original purpose of the right to be forgotten,the right to be forgotten should be part of the right to delete.The right to be forgotten is mainly to protect the personal interests of the subject of personal information through means such as deletion or disconnection of the personal information controller,so the right to be forgotten should be part of the right to personality.Although there are practical difficulties in the process of localization of the right to be forgotten,from the perspective of the localization space of the right to be forgotten,on the one hand,the localization of the right to be forgotten is necessary.The amount of Internet use in China is the highest in the world,and it is realistic for the right to be forgotten.Demand,the current personal information protection framework based on the principle of "informed consent" is no longer suitable for the development of the era of big data.China's current legislative system does not have a "right to be forgotten",which indicates that it is necessary for China to introduce the right to be forgotten.On the other hand,the localization of the right to be forgotten is feasible.Chinese scholars have provided a theoretical basis for the study of the rightto be forgotten.Some of the provisions in the current legal norms are consistent with the idea of the right to be forgotten.The implementation provided the basis for judicial practice,and the implementation of the right to be forgotten concept by large Internet platforms in the protection of personal information provided the basis for social practice,indicating that the transplantation of the right to be forgotten has deep soil.Based on the judicial practice and legislative legislation of the right to be forgotten outside the territory,the concrete conception of the localization of the right to be forgotten is put forward.It belongs to the right of personal information in China's personality right pedigree,adopts a comprehensive legislative model,fully recognizes the right to personal information in the future revision of the personality right of the Civil Code,gradually defines the right boundary of the right to personal information,and issues a special Law,which echoes the Civil Code,clearly defines the right to be forgotten in the right system of the right to personal information.Clarify the various elements of the legal relationship of the right to be forgotten.The subject of rights can only be a natural person,and the subject of obligation is all information controllers,not only including the search engines we are familiar with,but also relevant natural persons and legal organizations that control the control of personal information.The object points to inappropriate,outdated,and irrelevant identifiable personal information published in cyberspace,including the information subject exercising the right to be forgotten when the consent is withdrawn or the information processing is not necessary,when the information controller receives a request for deletion Perform the obligation to delete and notify.In addition,the information storage period should be determined from the technical level,supplemented by the user's privacy preferences,and the benefit balance mechanism should be introduced as a supporting measure for the right to be forgotten.Set up a framework for the localization of the right to be forgotten to solve the new challenges brought by the development of the information society in the era of big data.