On The Legal Protection Of The Right To Be Forgotten

Right to be forgotten is an emerging topic,although as early as the 1990 s some scholars put forward the right to be forgotten,but it was not until recent years been forgotten rights legislation and judicial application to gradually become the hot topic.The right to be forgotten belongs to the category of personality right,which is a part of personal information right.The right to be forgotten is the realization of the right to delete,to maintain the dignity of the person as the ultimate goal,which aims to restore the already public personal information to the realm of privacy.The right of oblivion can be divided into the "traditional right of oblivion" in the pre-internet era and the "digital right to be forgotten" in the Internet era.Now people often talk about the "right to be forgotten" mainly refers to the "digital right to be forgotten",namely the data subjects have already open,not suitable for the Internet,irrelevant,or no longer relevant,the right to delete obsolete personal information.The right of oblivion embodies the idea of information autonomy,and it plays an important role in the maintenance of human dignity.In the Internet era,huge amounts of personal data are remembered by the Internet.Internet companies can through these personal data paint everyone’s portrait "personality",everyone in the information age has the potential to be "transparent",this peace,dignity to civic life brought serious problems.The personal information of traditional privacy protection is mainly private information.This private information is concerned with the dignity of the citizens,and therefore must not be disclosed illegally.The personal information protected by the right of oblivion is mainly personal information that has been disclosed,and it is often legal and public information.The traditional right to privacy is beyond the reach of any personal information that is legitimately public.Therefore,the emergence of the right to be forgotten has its rationality and inevitability,and it is justified and necessary to protect the right to be forgotten.The development of digital technology has broken the original balance,making the memory become the norm,and forgetting is the exception.The emergence of the right of oblivion can let the human go out of the "digitized panoramic prison" and make the forgetting return to normal.Although the forgotten and the right of public right to know,freedom of speech,tensions exist,such as national public power,but by proportion principle in the effective use of legislation and judicial,is can completely resolve these tensions.Therefore,the conflict between the right to be forgotten and other rights and basic elements can be resolved.The possibility of conflict between rights cannot be a sufficient reason to deny the right to be forgotten.The EU has played a leading role in the legislative and judicial aspects of the right to be forgotten.The European commission introduced the universal data protection bill in 2012."Gonzalez’s case" in 2014,the European court of justice of the personal data protection directive of 1995 article 12 and article 14 expanded explanations,expand the scope of data to delete,thus established the forgotten on the judicial power.The general data protection bill was amended several times and was finally adopted in 2016.The "right to be forgotten" officially becomes a legal right,and the data subject has the right to require the data controller to delete his or her personal data.But there are limits to the right to be forgotten.The general data protection ordinance does not distinguish between erasure and oblivion,nor does it clearly define the scope of the data controller’s obligations.The United States pays more attention to the protection of freedom of speech,and its attitude towards the right to be forgotten is more cautious,which is very vigilant for the threat of freedom of speech that may be brought to freedom of speech.The United States only stipulates the right to be forgotten for minors in the law that specializes in the protection of minors.The law on the protection of children’s online privacy,the "California 568 th act" and the children’s antitracking law all have relevant provisions on the right of minors to be forgotten.The right subject of the right of oblivion protected by American law is extremely limited,which is only limited to minors.The scope of deletion is relatively narrow,which is limited to the personal information released by the minors themselves.Most countries and regions in the world have basically recognized the idea and value of the right to be forgotten,so the legislation of the right to be forgotten is a worldwide trend.In addition to the EU and the United States,other countries and regions have a more positive attitude towards the right to be forgotten.These countries can be divided into three categories: one and the "legislature".In such countries,some advocate establishing the right to be forgotten through legislation,others argue that the right to be forgotten should be incorporated into other rights;secondly,the "wait-and-see school".Such countries have not yet explicitly stated that they should establish the right to be forgotten as a statutory right,but in some judicial cases,they have made an attempt to protect the right of oblivion.The decision made by them is consistent with the concept of the right to be forgotten.The legislation of such countries remains in the stage of protecting the "right to be forgotten",and the "right to forget the digital" in the Internet era has not yet been put on the legislative agenda.Our country should draw on the advanced experience of the EU to protect the right to be forgotten and raise the right to be forgotten as a legal right.In legislation,we can clearly stipulate the right to be forgotten in the future personal information protection act.We should specify the subjects of rights,obligations,rights,exceptions,etc.The subject of the right to be forgotten can be divided into the general subject and the special subject.The general subject refers to the ordinary individual,while the special subject includes the strong group and the disadvantaged group.For different subjects,the protection of the right to be forgotten should be different.In addition,the relationship between the right to be forgotten and freedom of speech and the right to know the public should be balanced in legislation.In the present,the right to be forgotten can be protected by the expanded interpretation of the 111 st article of the general law of the civil law.In judicature,the Supreme People’s Court of our country should formulate judicial interpretations related to the right to be forgotten,so as to clarify the scope of application and the operation process of the right to be forgotten.The Supreme People’s court has the legal right of judicial interpretation,while the judge does not have the right to interpret the law.In the case of semantic ambiguity,the judge often dared not be good at using power to fill the loopholes in the law.When the provisions of the law are not clear enough,the judges tend to deny the rights of the parties.Therefore,the clarity of the right to be forgotten through judicial interpretation can reduce the concerns of the judges and be conducive to the protection of the right to be forgotten.In addition,we should give full play to the role of self-discipline in the industry in order to effectively protect the right to be forgotten.We can encourage industry self-discipline through market-oriented mechanism and make use of technical means to set up effective storage period for personal identifiable information,so as to make up for legislative and judicial deficiencies so as to fully protect citizens’ right to be forgotten.