Research On The Right To Be Forgotten

The Internet has thrown us into yet another digital quandary at the same time it has thrown us out of the time-space trap.Emerging media,represented by the omnipotent search engine and interactive social media,is eroding the personal space and personal information that is supposed to be exclusive to individuals with the cloak of advanced technology.The right to be forgotten is an important legal measure for the EU to deal with the invasion of personal data by digital development,and also the core content of the general data protection regulation(GDPR)of the EU,which is of great practical significance for further strengthening the protection of personal information.The right to be forgotten,an emerging right that was formally implemented in May 2018,has been controversial,with some specific issues raised from the draft six years ago still pending.This paper contains six chapters including introduction and conclusion.Chapter two to chapter five of the core,from theory to practice,from legislation to judicature,and from foreign to domestic,basically follow the combination of the vertical logic between chapters and the horizontal logic within chapters.Firstly,the theoretical basis of the right to be forgotten is explored from the perspective of ethics and philosophy of law.Then,by analyzing the legislation and practice in foreign countries,the disputes and difficulties in the process of the right to be forgotten are analyzed.The path and feasibility of the localization of the right to be forgotten are demonstrated by combining the practical experience of foreign countries and the macro-institutional environment of China.Finally,the content of the right to be forgotten is constructed from surface to point.This paper mainly answers four questions.First,as long as we live in the era of big data,personal data information will be constantly mined and "remembered" by the Internet.The right to be forgotten is based on what historical background,what its value significance is,what its theoretical basis is and what theory should be adopted as the legal source of the right to be forgotten.Second,since the right to be forgotten has entered the legal horizon,how to view and respond to its legislative disputes,and then delimit the nature of rights and boundaries.Third,the right to be forgotten in the implementation of the specific judicial plight,how to evaluate and respond.How the rest of the world deals with this emerging power,and why different countries have been so different about it.Fourth,as an imported product,the right to be forgotten has what experience and enlightenment to China’s personal information protection system,whether there is the possibility of localization and how to localize the problem.The first chapter is the introduction,starting from the background of the topic and the research questions of this paper,elaborates the academic and practical significance of this topic,sorts out the current domestic and foreign literature,and then introduces the research ideas and methods of this paper.The second chapter discusses the theoretical foundation of the right to be forgotten.First,by discussing the dialectical relationship between memory and oblivion,the source of the right to be forgotten is explored.Although,from childhood,memory enables people to learn and master rational thinking.In a word,memory has a natural connection with power.Fear of painful memory is conducive to the establishment of the ruling system,the formation of collective memory,and the confirmation of self-existence and legitimacy.But,as a byproduct of pain and solidified text,memory can lead to the loss of false and real situations,degrading creativity.Forgetting,though it means removing or abandoning something and covering up something,can ease anxiety,bring happiness,promote innovation,and achieve spiritual freedom and human liberation.Then,the legal basis of the right to be forgotten is demonstrated from the Angle of philosophy and ethics.The right to be forgotten is attached to the value of human dignity and emphasizes the liberation of public life.And with the understanding mechanism,is one kind maintains the ego the right.And from mill’s harm principle theory,waizer’s domain limit theory,nissen baum the context of a complete theory,the theory of moral autonomy principle,and foucault panoramic open view doctrine,demonstrate the rationality of the right to be forgotten,forgotten rights can reduce the degree of freedom of access to personal information,and thus based on the information of personal injury;For personal information that is out of context,the right to be forgotten can prevent it from flowing into other contexts to prevent the injustice of information.The right to be forgotten recognizes that human beings are dynamic and will change.Human beings are capable of moral self-discipline and self-creation,and should be endowed with the right to write about themselves.The right to be forgotten is the right to self-determination of information.In the face of the monitoring of digital circular prisons,the subject of information is given the right of anti-peeping to a certain extent.In addition,based on the theory of personality rights,the theory of the right to solitude and the theory of information control,the theoretical basis of the right to be forgotten is demonstrated.The third chapter shows the tension between the right to be forgotten and the right to be forgotten.Although through the related legal theory in chapter 2,the legislative value and the foundation of the right to be forgotten can be proved.But conflict with free speech is the biggest obstacle to the legalization of the right to be forgotten.By distinguishing between public space and private space to clarify public interests and personal interests,weighing media news value and information disclosure harm to clarify rights rank,public figures’ rights to moderate impairment and other ways,or the two can achieve a balance in compatibility.At the same time,the legal nature of the right to be forgotten is controversial,which has not been decided yet.It can be understood as the right of personal information.In addition,from the perspective of judicial practice,this paper elaborates on the resistance and dilemma faced by the eu in the implementation of the right to be forgotten,as well as the experience and reflection it brings.Chapter four firstly analyzes the attitudes,evaluation and implementation status of the right to be forgotten in other countries in the world,and demonstrates the root cause of the huge difference between the United States and the European Union from the political,cultural,historical and demographic dimensions.Secondly,based on the above international development trend,this paper analyzes the enlightenment of the implementation status of the right to be forgotten to China’s personal information protection.Learning moderately from the American model of self-discipline;Technology means such as digital storage period and user privacy preference are introduced.Adhere to the personal information protection leniency.Chapter five considers the localization of the right to be forgotten.As a major Internet country with the largest number of Internet users in the world,it also faces many social problems in the informatization process.The right to introduce data to be forgotten is in line with China’s interest demands at present.However,it is not necessary to set unrealistic and exorbitant standards in order to keep up with international standards.It is necessary to reasonably construct the right to be forgotten on the basis of considering China’s macro political system and legal system.Localization should be carried out step by step.Firstly,the right to be forgotten should be defined as the right of personal information and protected within the category of personal information right.Then,on the basis of clarifying the boundary between personal information right and privacy right,it should be gradually independent into a specific right of personality in the process of practice.Finally,it constructs the concept,subject of right,subject of obligation,object and responsibility of the right to be forgotten.Chapter six is conclusion and summary of the article,made a macroscopic and theme sublimation,put forward the localization of concerned: if you don’t pay attention to the social and historical background right to survival and material culture base,direct copy right to be forgotten in the European Union,are likely to make originally the rights discourse of justice to degenerate into pure bias in favor of the interests of the individual demands of tools,make originally becomes more difficult to allocate limited social resources,and to some extent booster improper benefit demands,intensifying conflicts of tear social solidarity at the same time.