Research On The Right To Be Forgotten

The era of big data brings convenience to the subject of information,but it also makes the subject of information fall into "data panoramic prison","memory" becomes eternal,and "to be forgotten" seems impossible.The right to be forgotten is a right to make relevant personal information be "forgotten" by the public through deletion and other means.It emphasizes the independent decision and control of information,dealing with the impact of free flow of information on information interests in the era of big data,and protects the personality rights and interests of information subjects.The right to be forgotten initially refers to giving criminals released after serving their sentences the right to have their tainted records forgotten by the public.The information age has promoted the expansion of the connotation of the right to be forgotten,he right to be forgotten become a hot topic at home and abroad scholars,this paper firstly analyzes the concept and attributes of the right to be forgotten,providing a theoretical basis for the discussion below.The European Union,the United States firstly established the right to be forgotten in the legislation and the judicial authority,but the difference on the legal tradition and conception led to discrepancy on the regularity of the right to be forgotten,both of which were developed into system.it provides worldwide experience to the personal information protection legislation and judicial practice,our country should be based on national conditions and absorb useful experience.As a big Internet country,China urgently needs to think positively about the localization of the right to be forgotten.There is a demand for the establishment of the right to be forgotten in China.And the domestic legislation,judicial practice of personal information protection and the existing personal information protection measures of Internet enterprises provide feasibility for the introduction of the right to be forgotten,but the practical problems of the introduction of the right to be forgotten should also be considered.That is,the conflict between the right to be forgotten and relevant rights and interests,the burden of information controllers’ obligations,the technical guarantee for the realization of rights,the remedy path and the construction of content,etc.should be considered,and the feasible ways to solve the problems are actively responded to in the following part.In the last part of this paper,the following suggestions are put forward for the construction of the right to be forgotten in China: to directly solve legislation of right to be forgotten and tort relief problems in the legislative level;achieve the legislative protection of the right to be forgotten through the cohesion of The civil code and Personal information protection law;describe the components of the right to be forgotten and absorb the essence of proportionality principle;set an objective measure to balance the conflict of the right to be forgotten and other rights and interests.In addition,special regulatory agencies for personal information protection should be set up to ensure that the Internet industry gives full responsibility to the positive role of self-discipline and to guarantee the realization of the right to be forgotten.