| At present,the Internet has opened up more and more diverse lifestyles,working platforms and learning environments for us.In the environment of rapid flow and dissemination of data resources,human beings have ushered in the era of big data,but while bringing convenience,there are also many issues worth thinking about.Among them,the eternal memory brought by big data makes it a luxury for events or people to be "forgotten".The right to be forgotten is an emerging right for the protection of personality rights under the background of the big data era.It is the right of the subject of personal information to make the personal information forgotten in case of legal or agreed circumstances.This paper uses the form of cases to elicit the issue of the right to be forgotten.Through the legal analysis of the right to be forgotten,it compares the existing legal provisions at home and abroad,and forward-lookingly proposes a reasonable path for the introduction of the right to be forgotten in my country.The first chapter briefly introduces the first case of the right to be forgotten in China,"Ren Jiayu v.Baidu".The issue of the right to be forgotten is raised through the results of the judgment and the analysis of the judgment.In this case,judges at both levels believe that the right to be forgotten does not belong to the existing my country type of rights without the necessity of protection,and this paper argues that the right to be forgotten raised in practical cases has become a real issue and deserves further discussion.The second chapter analyzes in detail the exact concept,legal attributes of the right to be forgotten,as well as the differences and connections with personal information rights,privacy rights,and deletion rights,and draws the following conclusions: First,the right to be forgotten is a subordinate concept of personal information rights and interests.Second,the right to be forgotten and the right to privacy are different in terms of subject,object,nature,etc.Third,the right to be forgotten and the right to erasure are different in terms of application,object orientation,and processing methods.This lays the foundation for a deeper understanding of the right to be forgotten.The third chapter specifically analyzes the legal dilemma faced by the right to be forgotten under the existing legal provisions.The problems existing in the introduction of the right to be forgotten in our country include: the right to be forgotten is not clearly defined,the scope of deletion is unclear,the subject of rights and obligations is unclear,and the legal dilemmas that exist in business management.The fourth chapter discusses the necessity and feasibility of the protection of the right to be forgotten,considers the practical needs of the introduction of the right to be forgotten and the legitimacy of the setting of the right to be forgotten,and compares the development status of the right to be forgotten abroad,provides ideas for the rational introduction of the right to be forgotten.The fifth chapter expounds in detail the reasonable way of constructing the system of the right to be forgotten with Chinese characteristics.Our country should clearly stipulate the right to be forgotten in the Civil Code and The Personal Information Protection Law,reasonably define the scope of deletion,and establish the conflict resolution rules between the right to be forgotten,the right to know and the freedom of speech;Clarify the subject of rights and obligations,and establish special provisions on the right to be forgotten of minors,public officials and public officials;Strengthen the legal supervision of business,so that social forces such as news media and online platforms can work with relevant departments to jointly protect the right to be forgotten plays its due value.In short,the introduction of "The right to be forgotten" has theoretical significance for filling my country’s protection of personal information,and has practical significance for safeguarding citizens’ personality rights and enabling my country to better cope with the opportunities and challenges in the era of big data. |
