Legal Logic Of Establishment Of The Right To Be Forgotten In China

With the advent of Big Data,every person's personal space is melting away.People upload their personal information to the Internet,everybody can get it through the search engine.Even when people delete the information,it can still be browsed from the cached page.That is,from the moment when the data is uploaded to the web,the information subject has lost its right of “go back on his word” or “withdrawal right”.Or other,similar rights don't exist in the situation.To solve this problem,the European court has established a new type of right-the right to be forgotten,which means the data subject has the right to require the data controller to permanently remove his personal data,unless the data has its legal reasons to be held.American “Eraser Bill” also established a limited right to be forgotten and it required the web to allow the teenagers to erase their traces on the Internet.The establishment of the right abroad provides a relatively clear and specific basis of relief,even if it still has a lot of problems.The similar right has not been established currently in our country.The protection of personal privacy and information in network is mainly according to the “Internet infringement”,while it is not complete and competent.The “General Rules of Civil Law” will come into effect,which has a clause about protecting personal information.The establishment of a right system in the domestic legal system needs the solid legal basis and the operability of practical application,and we can' t blindly and rigidly transplant the laws.We have theoretical and realistic basis of the establishment of the right to be forgotten,and to make the right to be forgotten localization is a process of a long way to go.This article will use the theory research method like value analysis and comparative analysis to analyze the legal logic of establishing “the right to be forgotten” system in our country and explore the legitimacy and necessity of establishing the right to be forgotten in our country.The massive structure is as follows: raising and defining the right to delete;the legislative foundation of building the system of the right;the legislative problem and establishment of the right.