On The Right To Be Forgotten

The impact of a new round of technological revolution on the world,on society and on individuals requires us to continuously update and redefine legal concepts related to people.As a product of the information technology revolution,the Internet often remembers what people want to forget,so that we can hardly escape our past online.Exploration and research on the right to be forgotten can be regarded as a concern and response to the changes in the information technology era,which will help individuals strengthen the control of their personal information,prevent becoming a "transparent person" on the Internet,and help make up for the loss of personal information.Insufficient protection,and promote the construction of a scientific and reasonable protection system for personal information rights that meets actual needs and is more secure.Right is the legal force given to individuals by the legal system to protect their own interests.The right to be forgotten is of great significance in regulating the balance between human memory and forgetting,and can make people break free from the tangle of digital memory.At the same time,from the perspective of the existing rights paradigm,the privacy rights and reputation rights in the Civil Code and the deletion provisions in the Personal Information Protection Law are lagging behind in the practical need to protect people from "nudity".As a product of the development and continuous extension of human dignity,the right to be forgotten has the benefit of information subjects to update their "digital personality",which has the legitimacy of their interests.In addition,by summarizing and sorting out foreign regulations on the right to be forgotten,the European Union,Russia,etc.Many countries have established the right to be forgotten,and localizing the right to be forgotten is not only in line with the world trend,but also in line with my country’s existing view of legal resources.This paper is problem-oriented,analyzes foreign and domestic attitudes towards the right to be forgotten from three typical cases,sorts out the focus of the cases,and expands the full text accordingly.In the process of localization and construction of the right to be forgotten,there is no comprehensive “copying”,but a narrow legal concept definition of the right to be forgotten from the characteristics and meanings of the “concept” itself,that is,the information subject enjoys legal rights.The right to require the information controller to block,delete,disconnect,restrict the use of personal information on the Internet under statutory circumstances,so as to prevent the information from being further disseminated or known to others.Re-examine the right attributes of the right to be forgotten,and clarify that the right to be forgotten is based on the nature of information self-determination,should belong to a specific personality right in the spectrum of personality rights,and exists independently of the right to privacy and other rights and interests.The "right to erasure" in the Personal Information Protection Act cannot be equated.When analyzing the structure of the rights system of the right to be forgotten,upholding the concept of "Chinese characteristics",the subject of rights is limited to natural persons,and according to the derogation of rights,minors,as a vulnerable group,should be given special protection,public figures should be specially restricted due to the particularity of their positions or identities.In the identification of the object,combined with the existing legislative habits of our country,the obligatory subject of the right to be forgotten is defined as the information processor rather than the information controller,and the object of the right is objectively revised.Simultaneously,as long as there are rights,there are boundaries.The author sorts out five general situations where the right to be forgotten is applicable,and then considers that “the reality is difficult to fulfill people’s wishes.A beautiful blueprint with a clear boundary of rights and no conflict of rights is always subject to conflict of rights.The inevitability of “breaking the inevitability”,combined with the social reality of our country,on the basis of seeking objects with conflicting rights with the right to be forgotten,analyzes the weighing method specifically,and suggests that by classifying personal information into personal information involving public interests and those not involving public interests For personal information of interests,the conflict with the public interest is weighed from the object of the right and the principle of proportionality.Similarly,starting from the subject of the right,analyze the trade-off with freedom of speech in individual cases,etc.At the end of the article,through the implementation and protection of the right to be forgotten,it discusses how to effectively connect with the list system of dishonest persons subject to execution and realize the legal protection of infringement of the right to be forgotten.The measures,from top-level design to micro-analysis,have formed a comprehensive institutional system that fully guarantees the right of natural persons to be forgotten.