The Right To Be Forgotten In The Context Of Big Data

As we all know,with the rapid development of modern technologies such as the Internet and big data,more and more personal information is recorded,stored,disseminated and utilized in the form of digitization.Whether it is the information that the information subject releases on the Internet actively,or the relevant information released by others,it will be stored on the network.The protection of people’s personal information has been challenged unprecedentingly,and the social public and academic circles have had a heated discussion about the right of "being forgotten".This text mainly includes four parts,the first part is the overview of the right to be forgotten.This part is mainly divided into two aspects,on the one hand,is the origin and development of right to be forgotten,and to explore the background of the right to be forgotten,and from its development in the research the concept of right to be forgotten,on the other hand,analysis the legal nature of right to be forgotten,surround scholars proposed privacy,personal information rights,concrete personality right referring to general personality right is analyzed.The second part is the exercise of the right to be forgotten.First of all,the right to be forgotten is defined from the subject of the right to be forgotten,the focus is to discuss whether the natural person with special identity,such as minors,public figures and criminals should enjoy the right to be forgotten.Secondly,as far as the obligation subjects of the right to be forgotten are concerned,they are mainly divided into three types: operators of Internet search engines,providers of network platforms and all personal information controllers.Finally,the scope of the right to be forgotten.According to the transmission mode of information on the Internet,it can be divided into active transmission and passive transmission for protection.The third part is the restriction of the exercise of the right to be forgotten.This part is divided into four aspects.Firstly,the conflict between the protection of the right to be forgotten and the freedom of speech is analyzed.The legal interest of the protection of the right to be forgotten is personal dignity.Secondly,the exercise of the right to be forgotten and the interests of the public right to know balance,the author believes that the principle of proportionality can be introduced.Third,the time limit for the exercise of the right to be forgotten.Finally,there are technical limitations to the exercise of the right to be forgotten.The fourth part is the construction of the protection mechanism of the right to be forgotten.First of all,this part discusses the feasibility of the construction of the right to be forgotten in China,and discusses the legal basis for the construction of the right to be forgotten in China and the social basis for the existence of the right to be forgotten in practice.Secondly,from the legislative level,regulatory level and technical level of the construction of the right to be forgotten,combined with the practical significance of the construction of localized ideas,to provide effective protection for personal information in the era of big data.