Research On The Right To Be Forgotten

Advances in science and technology do not always bring convenience to people,but also accompanied by confusion.The traditional forgetting mechanism has been broken by the mode of data and informationization,which brings forgetting problems.Personal information,which should be forgotten by the society,can be stored on the internet for dissemination and diffusion,which may infringe upon other people’s privacy and personal information and other legitimate right and interests.Information subjects should have the right to control the necessary limits of personal information in order to combat the excessive erosion of the internet.The birth of the right to be forgotten is to let the main body of information out of the past,facing the future,so that those who should not or no longer be known to society information out of the public vision.The aim of the right to be forgotten is to forget,and deletion is the main means,but it cannot be equated with deletion.The right to be forgotten is not clear in China’s legislation,which also brings difficulties to judicial practice.This paper is divided into four parts,starting with the first case of the right to be forgotten in our country,pointing out the lack of protection of the right to be forgotten by the existing laws and the necessity of localization of the right to be forgotten,then focusing on the analysis of the legal nature of the right to be forgotten,and providing suggestions for the construction of the right to be forgotten suitable for our country.The main contents are as follows:The first chapter is the introduction of the background,the purpose,the significance and the current situation of the research,which provides the theoretical and practical basis for the follow-up study of this paper.The second chapter is about the basic problems of the right to be forgotten.Firstly,defines the concept of the right to be forgotten.Secondly,through introducing the case of Jiayu Ren v.Baidu,analyzes the dilemma of the interests covered by the right to be forgotten in the judicial practice,including the difficulty of protecting the right to privacy,the exemption of the technical neutrality of the search engine service provider from tort liability,and the balance between the public’s right to know and the right to be forgotten.Finally,the author puts forward the necessity of localization of the right to be forgotten from three aspects: maintaining the image of the Internet,maintaining the peace of the Internet and the need for the healthy development of Internet enterprises.The third chapter is the analysis of the legal nature of the right to be forgotten,starting with various theories at home and abroad,to analyze various theories.For the legal nature of the right to be forgotten,there are theories of personality right,privacy right,personal information right and property right.The starting point of the controversy is the object of the right to be forgotten,namely personal information.And the protection of personal information can be divided into generalized privacy theory,property rights theory and independent personality right theory.This chapter points out that the right of being forgotten should belong to the category of the right of personal information by clarifying all kinds of theories and combining our specific legislative and judicial status.The fourth chapter is about the construction of the right to be forgotten,including the right subject,the obligation subject,the object and the content of the right to be forgotten.Specifically speaking,the subject of right includes general subject,public figure and minor.The obligation subjects include Internet websites,search engine service providers and social media operators.The object of the right to be forgotten can be divided into two levels: form characteristics and content characteristics.The formal features should meet the requirements of "openness","identifiability" and "otherness",and the content features should include "authenticity" and "unprofitability".The content of the right to be forgotten points to the content of rights and obligations.The content of rights includes requiring the data controller to delete personal information and requiring the data controller to limit the processing of personal information.