The Localization Construction Of The "Right To Be Forgotten" System In The Era Of Big Data In China

"The right to be forgotten" is a new right born in the background of the era of big data.It gives the information subject the right to ask the information controller to delete his personal information,which solves the problem that the legitimate public personal information cannot be deleted in the past.The eu established the "right to be forgotten" in judicial practice through the case of Google v.gonzales,which was confirmed in the general data protection regulation which came into force in 2018.The "right to be forgotten" has been controversial since its creation.This right has also affected China.Ren jiayu's case against baidu is known as the first case of "the right to be forgotten" in China.Although the plaintiff brings a lawsuit on the grounds of "right to be forgotten",the purpose of bringing the lawsuit is not legitimate and cannot be called "right to be forgotten".The localization of "right to be forgotten" has been a hot topic in academic circles.Therefore,this paper tries to prove that the right to be forgotten has the possibility of being introduced in China by explaining the social basis,legal basis,constructive value and other factors of the right to be forgotten.At the same time,some important problems in the localization of "right to be forgotten" are briefly analyzed,and some suggested solutions are put forward.The structure of this paper is mainly composed of five parts:The first part briefly puts forward the need for personal information to be "forgotten" in the era of big data,and leads to the discussion on "the right to be forgotten".The second part analyzes the establishment of the "right to be forgotten" from the perspective of legislation and justice.From a legislative point of view,the "right to be forgotten" originated from the right to forget about the resocialization of criminals released from prison in the French law,and later evolved into the "right to be forgotten" of natural persons.It was formally recognized from the Google v.gonzalez case,which was confirmed by legislation in the general data protection regulations.Judicial practice,the European court of justice to the expansion of the interpretation of the data protection directive,given the data subject "forgotten",also namely in the public state legal data of personal data,have the right to request the data controller to take any necessary measures,including delete,ensure that the data is no longer present,the premise is not influence the public interests and the public's right to know.The European court of justice has ruled that Google must modify its search engine architecture to cope with an increasing number of requests for data to be deleted.The "right to be forgotten" has also affected other countries beyond European limits.Different attitudes towards the migration of "right to be forgotten" also reflect the controversial nature of "right to be forgotten".The third part,through the analysis of the baidu case,we can see that China's current information legislation is insufficient to protect the "right to be forgotten" in the direction of the personality interests,proving that the "right to be forgotten" in China has the possibility of legal transplantation.In addition,there are two ways to introduce this right: civil law and personal information protection law.The approach of civil law has disadvantages,and the personal information protection law is more suitable.The fourth part analyzes some important problems in the localization of "the right to be forgotten" and puts forward some countermeasures.Firstly,the ownership of the right to be forgotten is unknown,and it is difficult for the existing information legislation to accommodate its position.Secondly,the content of "the right to be forgotten" has a certain conflict with the value of freedom.Finally,the protection of the right to be forgotten,the implementation of the right to some of the costs and technical problems.Based on the extratorial experience represented by the GDPR,based on the current social situation and judicial practice in China,countermeasures are provided for the construction of the right to be forgotten in China.The first is to incorporate the right to be forgotten into the personal information protection law;the second is that the right to be forgotten has something in common with the value of freedom,and the relationship between the two is balanced in specific cases;the third is to abide by the principle of proportion and establish a limited system of the right to be forgotten.The fifth part,carry on the summary.In the process of localization of "right to be forgotten",it is necessary to balance the relationship between personal information protection and personal information utilization,and establish a clear and limited system of right to be forgotten under the framework of personal information protection law.Of course,there are still many problems in the introduction and exercise of the right to be forgotten,which need to be further explored and studied.