The Right To Be Forgotten

The right to be forgotten was sparked by the EU case law but, it is not a new legal right. It applies only to the field of network information and the right of claim is based on the protection of personal data rights, its essence is a right to delete. The right only aim to the specific information released on the network, the subjects of right and obligation are specific.The right to be forgotten is a tort claim, particularly when the information is inadequate, irrelevant, excessive, and the subject of data has the right to request the data processing controller to delete or remove the corresponding information link. Data processing controllers are obligated to review and decided to delete or not.The subject(the applicant) of the right to be forgotten generally refers to the ordinary citizens, the subject(the respondent) of obligation is the information processers and controllers, include the public and private sectors. The data can be linked to an individual, and it is inadequate, irrelevant, excessive, and it must also be factual and dominant data. The object of the right to be forgotten is the system of processing data.The right to be forgotten is close to privacy. They also protect the interests of personality rights, but the scope of protection is crossed, the infringement behaviors are also coincided. At the same time, the right to be forgotten has a competing relationship with Defamation and Portrait But, their protection has different focuses. In addition, the public interest and the freedom of speech is an exception and restriction of the right to be forgotten but, the disclosure unreal of the information does not a defense.Although the right to be forgotten is not established in the China legal system, but there also has a similar right and practice. Thus we need to achieve the localization of the right to be forgotten, we must firstly establish the right to personal data secondly. the basis of perfecting the infringement of the right especially, the imputation principle should be the “tort liability law” in China. Therefore, the right to be forgotten is the direct infringement not indirect infringement behavior, it should be applicable to strict liability not fault liability and it should be disclaimer article not a base of infringement.