A Comparative Study On The Legislation And Application Of The "right To Be Forgotten" In The European Union And The United States

With the development of Internet and big data,human beings witness a brand new era.Big data changed our lifestyle to some degree,but caused individual information leakage as well.As the GDRP,came up by EU,was put into practice in May.25,2018,the "right to be forgotten" was officially recognized as a right.It allows people to delete their own individual information on the Internet.There is a constant debate since the right put forward,and there are two opposite views from the US and EU.The deep causes of two totally different views lie in the divergence of legislation value,private culture and the positioning of Internet service in two regions.Therefore,different view and application on the "right to be forgotten" can be seen in EU and the US.The thesis did an analysis on two views which mentioned above,and then discuss profound causes behind it Four chapters are divided in the thesis:Chapter one mainly discusses the legislative and judicial practice in EU and the US;chapter two discusses causes behind two opposite views;chapter three evaluates different legislation model based on the analysis of the solution for the "right to be forgotten" in EU and the US respectively;chapter four analyzes the conflict which lies inside the right and give implications to China.The final conclusion of the article is that in the era of big data,the "right to be forgotten" has commonality,not a domestic matter,but a problem facing the entire international community.When China considers introducing this right,from the perspective of domestic legislation,it should maintain some guiding norms,pay attention to this issue but should not be too advanced,and comprehensively consider the development of China's national conditions.At the last,the author propose some suggestions to improve China's personal information legislation.