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

Big data contains enormous value,brings a lot of changes to people's daily lives,but it also challenges the protection of personal information.Due to the more mature information storage technology,almost all data generated by the network will be preserved for a long time or even permanently preserved.And the data mining technology with the second use will make us no place to hide.Big data knows what we don't know,and it can know earlier than we know.In the past forgotten is the norm and now memories become normal,some people do not want to be remembered or even want to make traces be erased because of the emergence of big data.So we need to strengthen the control of personal information,protect our information from abuse,and remove unnecessary personal information in a timely manner.Therefore,the right to be forgotten for the big data era is particularly vital.It is produced under the background of the new era of new rights,and it is to strengthen the control of active power information.The right to be forgotten is the concept of the creator of the information data information main body,namely in the large data storage of some information about their own loss of timeliness,change of useless information and confidential information,the right to demand controllers remove or fuzzy data processing.This paper argues that the forgotten right should be classified into the category of personality rights,in which the attribute of personal information is the most significant,it can be defined and protected as the content of information right.The concept of the right to be forgotten was clearly stated in the General Data Protection Regulation(Draft)promulgated by the European Commission on 25 January2012.The introduction of this concept has aroused widespread concern in the world and the extensive discussion of academia,but also makes the issue of forgetting in the era of big data become the focus of attention.In the "Network Security Law of the People's Republic of China" adopted by the Twenty-fourth Meeting of the Standing Committee of the Twelfth National People's Congress on November 7,2016,Article 43 where the information subject has the right to require the information controller to remove the relevant information,and in the article 64 which also provides for the violation of the legal consequences of theprovisions.As "Network Security Law" introduced,made the establish and protect of right to be forgotten in our country to be a major breakthrough.Although it is an emerging right,our academic circles have already carried out an adequate study of the right to be forgotten.The experts and scholars in various related fields have discussed the rights content,the rights attribute and the localization path of the forgotten right in the big data age from different research fields and academic perspectives.There are scholars from the perspective of communication,which from the perspective of departmental law have done amounts of research,but the articles which explore from the perspective of jurisprudence are rare.Jurisprudence is a method of consciously using the method of reflection to explore the legal phenomenon of deep-seated development of a law.This article will take the jurisprudence legal deconstruction of the right to be forgotten,detailed study of its concept,the right to generate the process,the rights of the composition and the nature of the rights and other issues.And the article is divided into three parts,to explore the jurisprudence research of the right to be forgotten through the detailed discussion of each part of the completion.The first part mainly introduces the right to be forgotten.First,explain what is the right to be forgotten and the right to be forgotten in the big data,including the subject and object of rights and the object of the exercise of rights.And then combs the rise of the right to be forgotten,along with the development of the times,the upgrading of science and technology,the forgotten rights of the theoretical connotation and content is also changing,and finally explain the large data age under the background of the characteristics of the forgotten.The second part puts forward our own views,on the basis of the study of the integration of Chinese scholars in the study of the forgotten rights.The current academic community for the forgotten rights are mainly "privacy extension" and "personal information coverage" two mainstream view.The relevant provisions of the legislation can also be seen in the current world countries,while the United States and the EU showed a different protection approach,an overview of Chinese existing legislation and the latest introduction of "network security law" in the personal information rights framework Under the study of the right to be forgotten the most appropriate property.The third part focuses on the exercise and protection of the right to be forgotten.Starting from the actual problems of the current rights,combined with Chinese current legislation and the relevant experience of foreign countries,carry out the research on the protection path of the right of our country.The focus is on what conditions can be exercised the right to be forgotten,through which way to protect this right,make recommendations for the future of our legislation.