Research On The Right To Be Forgotten

With the EU through the new data protection law,as well as the sensational case of the Spanish Google dust settles,the right to be forgotten completes the process from concept to theory,from theory to practice.The legislative and judicial practice of the right to be forgotten seems to be smooth,but in fact,the opposition has never been decrease.Supporters consider that this right is a basic human right,it will help alleviate the adverse effects caused by Internet permanent memory on one's life,while opponents argue that this right will impede the exercise of other rights like the freedom of speech,and the right to know,also it will hinder the development of Internet technology.This paper thinks that the right to be forgotten can effectively deal with the data security and data privacy issues in the era of big data,we should see the right to be forgotten could conflict with other rights,but this is not the reason to abandon it.In addition,the right to be forgotten is not a totally new right,it belongs to the right of personal information system.At present,the EU,Russia and other countries and regions have been put this right into the legal system,Chinese and overseas scholars have been writing many papers to enrich the content of the right to be forgotten.Although China does not have the legal basis for introducing this right,but the good news is the new general civil code has acknowledge the right of personal information for an independent right,with the establishment and perfection of personal information law in our country,the right to be forgotten will have a space in the legal system of China's in future.This paper is divided into five parts:the first part introduces the famous case,the evolution process and the people of different attitudes towards the right to be forgotten;the second part discusses the general contents of the right to be forgotten,including the concept,the legal basis and the right of ownership;the third part introduces the the legislation of the right to be forgotten of EU the United States and analyzes differences between them;the fourth part analyzes the current difficulties in realizing the right to be forgotten,including the value of controversy and problems in practice;the fifth part discusses the localization of the right to be forgotten,and the feasibility of the introduction of the right to be forgotten.