| We are now living in the era of big data,and the Internet has penetrated into People’s Daily life.Wherever people go and what they do,they cannot do anything without the Internet.In the meantime,people for their personal privacy protection requirements are increasingly high,and the right to be forgotten is born under this background.As a new right,the right to be forgotten originated from Europe.Experts and scholars in various fields of law in China have also conducted in-depth discussions on it from multiple angles.However,due to different national conditions and legal systems,the right to be forgotten is not clear in Chinese laws.However,in the "Network Security Law" and the "Personal Information Protection Law of the People’s Republic of China(draft)" promulgated by our country,there are provisions about the network users can ask the information processors to delete their personal information under the relevant circumstances,which has cultivated the fertile ground for the establishment of the right to be forgotten in our country.In addition,article 1037,paragraph 2,and article1195,paragraph 1,of the Civil Code also provide space for the establishment of this right.This right of the right to be forgotten contains the protection of human rights,but also highlights the importance of the protection of personal information,the most important is because of the emergence of "China’s first case of the right to be forgotten",but also because of the conclusion of the case,the right to be forgotten was recognized by everyone,and then triggered a deeper discussion.Since the development of the right to be forgotten,its connotation has also undergone new changes.From the original definition of the right to be forgotten,it deletes problematic old information,and more importantly,it gives individuals the right to control and dispose their personal information,so that netizens can feel more assured to experience the freedom and convenience brought by the network.In this article,we will forget the category of right of personality right,it is an untyped personality right.Purpose is to protect human rights,and the purpose is to guarantee the dignity,reputation and the normal life of netizens.The main target of this right is privacy,but in practice the scope of the adjustment is much broader,it also includes legal,public personal information.Accordingly,the author thinks that personal information right is its superior right.Written in the form of case analysis in this paper,the author selected case of two domestic and the foreign case,these three cases are related to how to deal with the release of personal information on the Internet,the integrated use of literature review and comparative analysis,dig the three cases of different connection with the given reason,it is concluded that China could,it is necessary to introduce the conclusion of right to be forgotten.The article is mainly divided into three parts: enumerate three different cases of the same case and the reason of the court decision;Legal analysis of the right to be forgotten;The legislative and judicial suggestions on the introduction of the right to be forgotten in China. |
