Theory Of Right To Be Forgotten

The development of the Internet industry,especially the development of the information storage technology,has brought about great change our way of life,the more that we cannot leave the network on life,study and work.Network tools such as weibo,WeChat,taobao is blossoming,we use the web publishing photos and video in everyday life,using the Internet for shopping,even using network positioning himself location has become a normal life.Because of the characteristics of digital memories permanent,the personal information will be posted on the Internet is permanent memory in cyberspace,this will no doubt to the citizen buried "curse" in the future.Not connected to some inappropriate personal information,citizens hope that will be"forgotten".This paper is divided into five chapters:The first chapter is the introduction part,this chapter mainly elaborated the research purpose and meaning of this article and the research range and method.The second chapter is the first expounds the legislative background and the development of the right to be forgotten,from 1995 the European data protection directive in 2012 the European Union announced the general data protection ordinance,forgotten rights legislation achieved rapid development,and introduce the basic case of the right to be forgotten the first case and litigation process,the case is created the right to be forgotten by the theory to practice.The second is right to be forgotten the basic theory of basic elements that are specifically described.The third chapter is the first analysis of the necessity of giving right to be forgotten,and its necessity lies in the development of Interet technology accelerated the change of personal information is kept way,today's way of personal information stored on computer digital memories,this way because of the characteristics of the permanent,can make the information once the public can't hide,it is necessary to exercise the right to request is forgotten to inappropriate,not linked information deleted.The fourth chapter is the right of the forgotten the judicial practice in foreign countries is introduced,first gonzalez cases in the second chapter introduces the content,the eu court's decision to admit that the search engine operators has the status of information control and need to undertake the obligation to delete information,to admit that the search engine responsible for search results,establish the scope of the rights of infomation subjects.After the impact of the eu decision is expounded in the paper.The fifth chapter is to analyze the foreign legislation on our country's judicial practice,first analyzes the legislation of personal information protection in our country the status quo,relating to the personal information protection law in our country while referring to department of law,but the lack of strict sense of the personal information protection act.Forgotten right in our country were put forward.The construction of legislation,it is clear the legal nature of right to be forgotten.Second is to clear the scope of the subjects of rights and obligations.It is clear the content of the right to be forgotten,in view of the controller and drive the forgotten right information obligations related Suggestions are put forward.Four is suggested to forgotten right exceptions,such as involving national security,criminal offences,public interests and academic research of infornation can be maintained,etc.Finally expounds the legislation of right to the forgotten outlook,establish the forgotten right system in our country,should be to develop the personal information protection act as soon as possible.Secondly,to widen the channel of the information subject of appeal,in addition to a lawsuit,should set up the arbitration institution.The last should strengthen the construction of digital technology,provide technical support for the right to be forgotten.This paper comprehensively described the basic theory of the right of "forgotten" and foreign legislation judicial status quo,analysis and combined with foreign laws and regulations about the right to be forgotten and the European Union court of the first right to be forgotten,forgotten right system in our country was put forward legislative Suggestions and opinions,this is the innovation of this paper writing.