A Study On The Right To Be Forgotten And The Personal Information Protection

With the development of Internet technology,the internet application is gradually increasing,lots of personal information which citizen published in the network is reserved by network virtual space.The memory of human brain will gradually be forgotten as time goes on,but the network obtains the never forgotten feature which will produce two sides,on one hand it can establish a historical data base for human being,saving previous data;On the other hand these never vanished network memories will remind human beings of the past that wish not see at all times.The reservation of personal information in the network,especially the negative personal information' reservation will have an adverse effect on person perpetually.To eliminate the adverse effect,European Union proposed the concept of“right to be forgotten”,and the U.S.A also gradually admit the new right,but our country has not the relevant set,apparently it is inconsistent with the trend of all the world development.This paper will take“the first case that right to be forgotten in china”that Yim sue a science and technology limited company named baidu tort its right to be forgotten as example.The judge reached the verdict of no support for there is no set is relevant to the right to be forgotten in china,and the verdict reflected that our legislation is not perfected in the practice.we should keep up with the Times in the developing trend,draw lessons from the foreign relevant legal precedent,and discuss how to set the right to be forgotten and its significance.Chinese civil code will promulgate soon,discussing the right to be forgotten has certain effect on the promulgation of civil code.Although our country set relatively perfect Personality right system,there is no special regulations about the protection of personal information or the protection of the right of privacy in the network,so it is necessary to discuss the right to be forgotten now.