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Theory Of Right To Forget

Posted on:2016-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:J F LiFull Text:PDF
GTID:2296330461958791Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the Internet era, the evidence indicates that the crisis of modernity is caused by that memory takes the dominated position which pushes forget become an exception.No forget no forgive,personality alienation makes people gradually losing their courage to live in the current social environment,This paper forward right to forget as the main topic,discussed in the main part(not including introduction and conclusion) from 4 aspects;forget as an issue,etymology and legal basis,social foundation and the structure of right to forget.The first part reviews how oblivion becomes an issue. In the pre-data era, memory was almost impossible; then came to the analog age, memory became a trend; Now, in the data age,memory has taken the dominated position while oblivion became an exception. Everybody is in an online digital panopticon- perfect memory system has fundamentally deconstructed and alienated human interaction and social development.The second part examines the foundation and insufficient of etymology and legal basis. Rooted in self-determination in privacy and autonomy in property, the right to forget is desperately inadequate in its foundation. It has distinctive difference with self-determination in privacy and autonomy in property, which let them not be powerful enough for being the theoretic motivations for it.The third part explores social foundations that form the right to forget. In the big data era, the weaker causality is, the stronger correlation gets. The rapid expansion of correlation cause two terrible consequences: the unequal distribution of information between information rich and information poor; disorientation in time resulted from the conflict between a permanent past and an ignorant present. Together, the two consequences become the foundations of the right to forget.The fourth part focuses on constituting the structure of right to forget. The right to forget mainly covers four aspects: natural person as the subject of rights; information gatekeeper as the obligation subject of rights, including natural person, legal person, government and other organizations; all the information related to natural person as the content; limitation is not to infringe on the right to free speech, not to damage the interests of others, the public and the nation.
Keywords/Search Tags:big data, memory, right to forget, legal basis, social foundation
PDF Full Text Request
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