Research On The Right To Be Forgotten In The Protection Of Personal Information

Ren Mou sues Baidu case,as the first case of the right to be forgotten in China,has important practical significance for the study of the right to be forgotten in China.Although the court eventually rejected the plaintiffs right to be forgotten request,the determination of the general personality right of the request also provides a more thinking path for the construction of the right to be forgotten in China.Through the analysis of the controversial focus of the case and the judgment viewpoint,the concept of the right to be forgotten is summarized as follows:in the field of the Internet,the information subject can ask the information controller to delete the relevant information when it meets the legal or agreed conditions,unless there are legitimate reasons for data retention.The uniqueness of the legal attribute of the right to be forgotten and the serious infringement of personal information in the era of big data,as well as the contradiction between the lack of laws and regulations related to personal information protection in China,require us to establish the right to be forgotten.It is feasible to construct the right to be forgotten in China by drawing lessons from foreign experience on the development of the right to be forgotten and combining with China's national conditions.Summarizing the research results on the right to be forgotten at home and abroad and combining with the legal practice of our country,the nature of the right to be forgotten should belong to the category of personal information right.The right subject of the forgotten right is the information subject.Specific problems should be analyzed for the special subject For minors,special treatment should be given in terms of the form of examination,the procedure of examination and the scope of the right to claim;for subjects subject subject to criminal punishment,the boundary of the exercise of the right to be forgotten should be established by typification;for such special subjects as public figures,due to their certain social influence and guidance,they should mainly deal with the content of rights and the time of exercise of rights.It is limited.The obligatory subject of the right to be forgotten is data controllers.Data controllers here need to expand their interpretation,including not only network service providers,but also natural and non-human organizations that control information.The object of the right to be forgotten is the outdated and inappropriate information in the field of the Internet,which will lead to the reduction of the evaluation of the information subject.When exercising the right to be forgotten,the information subject should submit the request in writing or online.The information controller needs to examine the rationality of the request within a reasonable time and feedback the result to the information subject in time.If the information subject is not satisfied with the result of the review,it can bring a lawsuit to the judicial body.The subject of review plays an important role in the realization of rights.By weighing the advantages and disadvantages of each subject in performing the function of review,the order of the subject of review should be publisher-network service provider-government.This order can most effectively guarantee the fairness and efficiency of information review,and reduce the secondary harm to the subject of information caused by information review.As a new right,the right to be forgotten will inevitably conflict with the existing rights and systems.The principle of proportionality,value rank and case balance are important means of the right restriction mechanism.The right to be forgotten can be distinguished from freedom of speech,public interest and industrial competition in a typed way,so that the right to be forgotten can be effectively used in judicial practice.