A Study On The Localization Of The Right To Be Forgotten In China

In 2015,the first dispute about the "right to be forgotten" occurred in China’s judicial practice,that is,Ren Jia-yu sued Baidu for infringement of her right to be forgotten,but her case was judged as having the name of the right to be forgotten,which did not reflect the reality.This case actually raised the issue of the "right to be forgotten" being transplanted to China.The right to be forgotten comes from the EU’s "Common Data Protection Regulations",which means that the information subject has the right to request the information controller to delete the inappropriate and outdated information about itself that has been published on the Internet and whose continued retention will lead to its lower social evaluation.It is designed to protect the subject from outdated information and the right to start a new life.The theoretical construction,institutional construction and judicial practice of the RIGHT to be forgotten in the EU can form a research model for the localization of the right to be forgotten in China.By combining the legal theory,relevant institutional background and practical needs of China,the necessity and feasibility of the localization of the right to be forgotten in China are demonstrated.The right to be forgotten in Chinese legal system needs to be constructed by including the category of personality right.Meanwhile,the right to be forgotten is the content of the right to personal information,which plays an important role in the personal information protection system.The premise and basis of the right to be forgotten comes from the concept and principle of the personal information Protection Law.Therefore,the ideal in the future is to construct the right to be forgotten in the personal Information Protection Law of Our country.The first part mainly introduces the basic situation and trial result of Ren Jia-yu v.Baidu right to be forgotten.At the same time,this paper puts forward some problems to be studied.The right to be forgotten is not the type of legal right in Our country,because it protects the interests of personality,so the judge protects it through the interests of personality,but this approach has great limitations.In the second part,by analyzing the background of big data on the Internet,China’s current legislation on personal information protection fails to comprehensively solve the problem of personal information protection in China,while the EU’s right to be forgotten can provide a path for personal information protection,thus demonstrating the feasibility of localization of the right to be forgotten in China.In addition,combined with relevant judicialpractices in China,the operation of implied oblivion provided by some data controllers such as Baidu and the current legislation in China provides a legal basis for the right to be forgotten.From these aspects,it proves the necessity of the right to be forgotten in the localization of China.The third part analyzes and compares the legislative differences between the EU and the US on the right to be forgotten.The main reason for the differences lies in the different historical and cultural backgrounds of the EU and the US.The EU has experienced two information incidents in its history,so it always pays attention to the protection of personal information,while the US always advocates freedom of speech.This is one of the main reasons for the great difference of the right to be forgotten between Europe and America.The enlightenment for China is that the transplantation of the right to be forgotten must be combined with China’s national conditions,and the right to be forgotten must be integrated into China’s legal framework,and it must not be blindly copied.In addition,the legislative model within the European Union has more reference to China.The fourth part,for the forgotten right of the institutional structure,combined with China’s national conditions specific provisions.This part mainly expounds the concept and legal status of the right to be forgotten in China,as well as the subject of the right to be forgotten,that is,only applicable to natural persons,and then to distinguish,restrict,object and applicable scope of special public figures.In the fifth part,the right to be forgotten belongs to the category of personal information right under the right of personality in Our country,so what should be the way to protect it? By analyzing the path of General Provisions of civil Law,The path of Personality Rights Compilation and the path of Personal Information Protection Law,it is proved that the right to be forgotten is most suitable to be established in China’s future Personal Information Protection Law.