Research On The Localization Of The Right To Be Forgotten

The rapid development of the Internet industry makes personal information protection more and more urgent.The European Union’s personal data protection legislation provides a useful reference in this regard,and the right to be forgotten is worth paying attention to as a new way of solving the problem of online personal information infringement.The right to be forgotten takes the balance of interests as the entry point,and provides a balanced and dynamic coexistence point between needs and risks.At the same time,it embodies the concept of information autonomy,which is an important reference for protecting personal information and maintaining human dignity in the Internet era.value.With the continuous innovation of algorithm technology,the power of algorithm gradually penetrates,and the influence of algorithm continues to deepen.While the network technology represented by social media and search engines brings us convenience,it also comes with some risks.In the process of human-computer interaction,our personal information is collected silently by web crawlers.The collected information is processed in a centralized database.After a specific procedure,the information is analyzed,categorized,extracted,cataloged,and permanently saved.Unlimited transmission,coupled with the improvement of monitoring and tracking systems throughout the city,the private sector has gradually been invaded,and network technology is spying on the privacy of individuals.Behind this is actually a deep evolution of social relations.With the help of network technology,some groups with resources and technology intend to realize their business strategies,and the price paid for this is the maximum collection and processing of personal information on the consumer side.It is the development of the digital society that has brought us new questions about the protection of personal information.We have to think about this new proposition of the times.As a leader in global informatization,the European Union first responded by establishing a new right in the General Data Protection Regulations-the right to be forgotten.With regard to the personal information protection issues faced by all countries in the world today,the regulations no longer adopt the traditional passive protection path,but give each information subject the right to actively protect personal information.At the same time,the regulation is also a safety valve for information exchange and cooperation around the world,and provides a normative basis for equal consultation for international trade development and cultural exchanges.Since the implementation of the regulations in May 2018,the right to be forgotten has been controversial as the core right of the regulations.Some of these issues are still outstanding,but at the same time,it has aroused the concern and affirmation of many countries and regions.In the process of China’s informatization development,it also faces the problem of personal information protection.Therefore,the analysis of the right to be forgotten,drawing on its beneficial ingredients,has its own significant theoretical and practical significance.It is true that the problem of localization of the right to be forgotten is the destination of studying the right to be forgotten.Therefore,on the premise of sorting out the basic research on the right to be forgotten,this article focuses on the problems that arise during the localization of the right to be forgotten.From the legal theory,the thesis first demonstrates the correctness of the exercise process and realization of the forgotten right,and proves the legitimacy of the right itself;from the perspective of legal practice,it clarifies the necessity of the localization of the forgotten right to ensure the research of the localization It is carried out under the premise that the rights are legitimate,legal and necessary.Secondly,to explore the various theoretical controversies in the current research on the right to be forgotten,mainly including:(1)Controversy about the nature of the right to be forgotten.From the perspective of privacy rights and personal information rights,the thesis makes a determination on the nature of the right to be forgotten on the basis of clarifying the nature of privacy and personal information rights.At the same time,it can also be regarded as the right content or power of personal information rights.(2)Controversy about the border conflict between the right to be forgotten and other rights.The thesis mainly discusses the conflicts between freedom of speech,right to know and right to be forgotten,and analyzes the similarities and differences of the above rights from the connotation of rights,and intends to establish the right boundary of the right to be forgotten within the existing legal system.The right to be forgotten is to give the subject the right to exclude others from interfering with personal information.In terms of freedom and the right to know,the right to express and know is given to others other than themselves.Although there are superficial conflicts between these kinds of rights,fundamentally speaking,the right to be forgotten,the right to freedom of expression,and the right to know have a balance in the “principle of prohibiting abuse of rights”.(3)Conflicts of interest between the right to be forgotten and the Internet industry.While acknowledging the conflict,the thesis verifies the compatibility between the two from the perspective of a human-oriented development concept.Thirdly,the thesis shifts from the theoretical level to the practical level,and puts forward some practical difficulties encountered in the process of localization of the right to be forgotten.This article is based on the European Union’s legal regulations on the right to be forgotten,and combined with the current situation in China,and refines the structure of the rights layer by layer.It analyzes the practical problems faced by the localization of the right to be forgotten in terms of from the aspects of the application of rights,the special provisions of the right subject,the identification of the obligatory subject,and the standards and means of information deletion,and distribution of review rights.Finally,after clarifying the above difficulties,this article puts forward the realistic path and specific suggestions for the localization of the right to be forgotten.Regarding how to better protect the right to be forgotten,the vast majority of studies in our country currently recommend that the right to be forgotten be protected as the right to personal information.However,the newly introduced Civil Code does not clearly specify the right to personal information,and the provisions on the protection of personal information are relatively abstract and one-sided,making it difficult to include the right to be forgotten.To this end,the paper provides two paths in the path selection of the localization of the right to be forgotten:First,with the help of the relevant regulations on the protection of personal information in the new civil code,Based on legal interpretation,discretion and other means,to realize the judicial application of the right to be forgotten within a relatively narrow range;the second is to separately stipulate the right to be forgotten in the future personal information protection law to achieve complete protection of the right and enhance the operability and certainty of the right to be forgotten.Based on long-term considerations,the second path is more comprehensive and rational.However,no matter what path is chosen,the realization of rights depends on the specific rights construction.Therefore,on the basis of analyzing the aforementioned problems,the thesis attempts to put forward some specific suggestions in terms of the subject of rights,the subject of obligations,the object of rights,the conditions for the exercise of rights and the provisions of exceptions.