Research Of The Right To Be Forgotten In The Big Data Era

With the development of the information technology such as cloud computingand Ambient Intelligence, the big data era is coming. More and more businessactivities, decisions-making are based on data analysis. The advent of the big data erabrings opportunities to commercial, economy and policy making, meanwhile theeternal and omniscient memory is threatening to individuals, companies, and evencountries. The digital right to be forgotten is thus put forward. The European Union isleading the legislation practice and theory research on the right to be forgotten.In the big data era, with the collection of vast amounts of data and the use of dataanalysis and data mining tools, setting up the right to be forgotten is becoming moreand more urgent to better protect individual rights, business secret and nationalinformation security. The right to be forgotten not only has the characteristics of thepersonality right of privacy, because personal data has commercial value, the rightalso has the attribute of the property right. The European Union defined the right as akind of data protection rights, trying to establish a method similar to protect propertyto protect the right of privacy.French senator had advocated two proposals about the right to be forgotten: one isfor targeted advertising, and the other is for search engines and social networks, theyare aimed to ensure data subject the right to control whether their personal data isreserved and published. The draft EU data protection regulations about the right to beforgotten mainly involves: the provision that rules the data subject has the right todelete personal data related to them and prevent the further spread of these data. Itsenlightenment to our country is: under the new technical environment, with the rapidgrowth of Internet users, personal and enterprise’s data protection has become anincreasingly urgent demand, but the lack of relevant legal regulation, the explorationof the EU provides reference for the system construction in our country.The specific construction of the right to be forgotten focuses on five aspects:subject, object, content, restrictions and liability. Its subject should include thesubject of rights and the subject of obligations, the subject of rights should refer to the natural person that can be identified by personal data alone or combined with otherdata, the subject of rights should be the data holder. The object should be the personaldata. The right mainly embodied in two forms, one is the subject has the right to keepclean record when decision is made about him or her, and the subject has the right todelete data about him The limitations of right include the national or public interestsexemption and the individual or family activities exemption.