On The Legal Construction Of The Right To Be Forgotten

The right to be forgotten is an emerging right that has been hotly debated since the Gonzalez case of the European Court of Justice in 2014.In the big data environment,this right plays an indispensable role in the protection of personal information.The research on the right to be forgotten in China has not formed a complete system,and is still in the exploratory stage.This article focuses on the definition of the legal attribute of the right to be forgotten.It analyses and demonstrates several mainstream theories in the academic circles at present,namely,the independent personality right theory,the privacy right theory and the personal information right theory.This article defines the right to be forgotten as a power of the personal information right,which is stipulated in the personal information law.On the basis of investigating the extraterritorial law,this paper analyses the necessity of establishing the right to be forgotten in our country and the problems existing in the protection of personal information in our country at present.Based on this,it puts forward the legislative principles,specific contents and application scope of the right to be forgotten,and the tort relief of the right to be forgotten,so as to better protect the personal information security of network users in our country.