On The Constitutional Protection Of The Right To Be Forgotten In The Era Of Big Data

The right to be forgotten has a unique right principle.After the evolution of the right to oblivion and the right to forget,and the right to delete,the right to be forgotten gradually becomes an independent right.The right attribute of the right to be forgotten are the personal information right.The object of this right is bad personal information,including illegal personal information and negative evaluative personal information.The subject of this right is a natural person,including ordinary individuals and minors,and criminal subjects,and public figures.The obligatory subject of this right is the collector and controller of personal information,including ordinary individuals,and enterprises,and public organizations such as government departments.The right to be forgotten deserves constitutional protection.In the era of big data,personal information is easily left in the network space.Personal information that people did not want to recall,and that embarrasses them,or that may degrade their social reputation,may cause them to suffer social death.In the meantime,personal information is exposed or stored indefinitely,subjecting individuals to never-ending public humiliation.And public humiliation is more harmful to human dignity than public execution.Given that civil law,administrative law and special law cannot protect the right to be forgotten,a more tolerant constitution should be adopted.Constitutional protection of the right to be forgotten promotes social understanding and prevents the social death of individuals.It also ensures that society stops outright humiliating individuals and strengthens their ability to resist social attacks of their image.In China,the right to be forgotten is relatively protected by the constitution.In Europe,the right to be forgotten is absolutely protected.The right to be forgotten is justified under the dignity clause of the Constitution.In the United States,the right to be forgotten is absolutely denied.The right to be forgotten is not recognized in order to protect free speech.In Japan,the right to be forgotten is relatively protected.People pay attention to the human dignity value of the right to be forgotten,and try to balance the relationship between the right to be forgotten and other rights and public interests.China learns from Japan’s protection plan for the right to be forgotten,and provides protection and restrictions on the right to be forgotten.The Chinese Human Dignity Clause affirms the existence of the right to be forgotten,and gives the right to be forgotten constitutional force,involving both public and private law.The restrictive clause of the Chinese constitution argues that the right to be forgotten should be restricted.Finally,the constitutional protection of the right to be forgotten is expressed as general legal protection,including specialized law,civil law and administrative law.At this point,the assumption of constitutional protection of the right to be forgotten is proven.