Research On The Right To Be Forgotten In The Context Of Big Data

Compared with the information saved in the paper age,which can be naturally forgotten over time,now due to the booming development of the Internet and big data industry,the characteristics of digital memory to preserve information permanently make "forgetting" become a function that people aspire to achieve.In the context of public information being permanently stored,the EU first established the right to be forgotten,and subsequently many countries have made legislative provisions on the right to be forgotten.In our country,the abuse of personal information has become more and more prominent and serious,which has affected the normal life of citizens and social order.In order to further standardize the use of personal data,China has also accelerated the legislation on the protection of personal information in recent years,such as the "Network Security Law" and "Data Security Law" on the protection of Internet data.There are mainly two laws on the protection of personal information.For example,the Civil Code of China specifically stipulates the content of personal information protection in the Code of Personality Rights.In addition,the Personal Information Protection Law on data and other information came into effect in November 2021,marking the first time that China has made specific legislative provisions on personal information.In terms of its characteristics,the law does not directly stipulate the legal concept of the right to be forgotten,but the right to delete established by the law is similar to the right to be forgotten in the General Data Protection Regulation of the European Union in terms of the content and value of the rights protected.Different from the European Union legislation,the provisions about the right to delete in the Personal Information Protection Law are too general and abstract in terms of various elements of legal relationship and tort liability,which still need to be further improved.The related content of the right to be forgotten only exists in the concept of value.Therefore,it is necessary to introduce the right to be forgotten and to protect it legally under the background of our country attaching great importance to the protection of personal information.This article is divided into five chapters.The first chapter mainly introduces the origin and development of the right to be forgotten,analyzes the difference between the right to be forgotten and the right to delete by exploring the relationship between the two,and finally clarifies the concept of the right to be forgotten.The second chapter mainly weighs and compares important rights and interests such as the right to be forgotten and the right to personality,so as to clarify the legal attributes of the right to be forgotten,and on this basis points out the restrictions on the exercise of the right to be forgotten in the conflict with other rights and interests,and clarifies the boundary of the right to be forgotten and the value balance between the rights and interests.The third chapter,through comparative law analysis,mainly introduces the legislative practice of the right to be forgotten in Europe and America,analyzes the characteristics of the protection of the right to be forgotten in the two countries,and provides valuable experience for China to explore legal protection measures with Chinese characteristics and learn the concept of balance of interests to resolve the conflicts between rights and interests.Chapter four studies the legislative status and necessity of the legal protection of the right to be forgotten,and points out the existing problems of legal protection.The fifth chapter puts forward some concrete suggestions to facilitate the legal protection of the right to be forgotten.