Research On The System Construction Of The Right To Be Forgotten

With the continuous development of the Internet Age,the Internet has more and more uses for people.A large number of social behaviors occur in the cyberspace,which makes individuals leave a lot of data information on the network.It is very difficult to delete personal data once it appears on the network.This information is like a time bomb to an individual.The persistence of network memory and the ease of being searched by others have brought great challenges to people’s data security,and the traditional personal information protection mode can no longer meet today’s needs.As a result,the right to be forgotten came into being.The case of Gonzales v.Google in Spain is generally regarded as the "first case of forgotten right" in the European Union and even the world,and it is a milestone case in the process of personal information protection.It paves the way for the formal establishment of the right to be forgotten in the EU general data protection regulations 2016.After that,many countries such as Russia and Australia have established the right to be forgotten in their own countries.Of course,not all western countries support the right to be forgotten.The United States is very cautious about this,and believes that the existence of the right to be forgotten in the United States may cause great harm to freedom of speech.In the theoretical circle of our country,scholars’ right to be forgotten is also being studied,mostly focusing on the definition,constituent elements and the necessity of introduction.In practice,the case of Ren Jiayu v.Baidu has also appeared in China,which is regarded as the first case of China’s right to be forgotten by the academic community.However,the parties in this case did not delete their previous work experience as they wish.Through the inquiry of the judgment,we can analyze that the judicial circle of our country does not support the right of being forgotten.The court believes that the right as an extraterritorial foreign product cannot be directly applied in our country.China is the country with the largest number of Internet users in the world.It is necessary to learn from the advanced experience of other countries and combine with China’s actual situation to introduce the right to be forgotten as a part of the basic rights of our citizens.In our country,although the personal information protection law has related legislative plans as early as the beginning of this century,it has not been officially promulgated until now,and the establishment of the right to be forgotten is even more impossible.However,according to the official report,the personal information protection law has been incorporated into the legislative planning of the Standing Committee of the 13th National People’s Congress,and the promulgation of the personal information protection law has seen the dawn.However,in the context of the current personal information protection law has not been issued,the key system construction of the forgotten right will be conducive to the improvement of the personal information protection system in China.We will effectively protect the rights of citizens and promote the orderly development of social order.I hope that some of the views of this article can contribute to the improvement of the personal information protection law in China.The right to be forgotten belongs to the emerging right,it is inevitable that there will be immature and incomplete adaptation to national conditions in the right construction.This paper will focus on exploring and analyzing the system design of the forgotten right in China,which has some new ideas and innovations for the analysis and exploration of the elements in the forgotten right system.This paper is divided into six parts.The first part of the introduction analyzes in detail the background of the right to be forgotten and the research status at home and abroad,and evaluates the research status,as well as introduces the research methods and structural arrangements used by the author in writing.The second part will explore the concept and legal attribute of the forgotten right.In the academic circle,there are many views on the attribute analysis of the forgotten right,so the author explores several rights similar to the forgotten right,and discusses the differences and relations between them and the right of reputation,the right of privacy,and the right of personal information.Then from the perspective of historical development,this paper explores the context of the right to forget,the right to be forgotten and the eraser act,and briefly analyzes their differences.The third part analyzes the reason and significance of the introduction of the forgotten right,discusses the different positions of the introduction of the forgotten right,and analyzes the difficulties that the introduction of the forgotten right may encounter in our country,such as the contradiction between the forgotten right and the freedom of the press,the feasibility of Technology realization and so on.The fourth part comprehensively analyzes Europe,where the forgotten right has been formally established.Through the discussion of its right subject,obligation subject and other elements,it paves the way for the introduction of China’s system.The fifth part summarizes the constitution system and applicable conditions of the right to be forgotten,and analyzes several important factors that may affect the construction of the right,such as personal expectation when releasing information,the forgettable nature of data,etc.In order to ensure the novelty and innovation of the paper,the author intersperses his own innovative ideas in the last chapter.The author hopes that China can improve the personal information protection system by introducing the right of being forgotten,and also hopes that this paper can make some contribution to the legislation of personal information protection in China.The sixth part is the conclusion,summarizing the whole paper and putting forward my own expectation and expectation.