Under The Theory Of Network Era Of Right To Be Forgotten

The modern network technology and the progress of science and technology has brought about great changes in people's life.In modern society,the way people use the Internet is not limited to the use of computer technology,the development of mobile phone and network software continue to improve to make more and more people can use the Internet and enjoy the development of network technology,science and technology to bring them the convenience of living.But the development of network technology,science and technology is a double-edged sword,while we enjoy the development of science and technology brings convenience to our life,we should also pay attention to the development of science and technology has brought to our legitimate rights and interests of the potential risks and threats.Through a variety of people.Network software and network media in the network to communicate with others,but in the process of using the Internet we will be a lot of personal information data is uploaded to the network,and the network background space and these personal information data are kept permanently.However,the development of digital technology and the Internet makes the network Globalization gradually from the "default." to "default memory",more and more advanced network and data processing technology makes the personal information we are in a precarious situation,even our every word and action and published in the online photos and other personal information in our data will be deleted after still in network database.Save these"network memory" may one day in the future to our personal reputation,potentially dangerous and unpredictable negative effects of work and life,hinder the individual's personality development and the pursuit of the life we want.Facing the new problems,the development of network technology,science and technology brings to me citizen's legitimate rights and interests of the new challenges,China's legal system does not keep pace with the times,can not effectively solve these problems,a comprehensive,effective protection of the legitimate rights and interests of citizens.With the development of network technology,science and technology to bring personal information data challenges the EU first proposed and set up the right to be forgotten,and the trial of the world's first case of the right to be forgotten,support Gonzales's right to be forgotten request,ruling Google Corporation relevant information data link is deleted,and ensure that people can not find the relevant information through the Google data links.The verdict came out,attracted worldwide attention of the legal circle.Then all the countries in the world have to follow and set up with the right to be forgotten about the normative legal documents on the citizen's personal information rights protection.In our more than and 40 normative legal documents,are visible.To the legal provisions of legal provisions for the protection of personal information or the right to be forgotten.But because the spirit is too messy,no system,even some norms conflict between legal documents,resulting in gaps in the legal system of our country,causing related vulnerabilities,in the actual operation of normative legal document availability little personal information data as an embodiment of human rights and the legitimate rights and interests of the right of personality attributes,but not the right of personality rights protection against the legitimate rights and interests of people are,and are not through our existing right to be forgotten about the normative legal documents fully protected.In our country.We shall learn from the relevant legislation on the basis of western countries,construction of information data protection law,and in which to determine the right to be forgotten,to make up for the lack of legislation in our country,in order to make the citizens have the legitimate rights and interests of the damage can be made according to the law,a law officer in the case when the.During the writing of this article,to the construction of our country's right to be forgotten,to provide some feasible suggestions on the protection of citizens' rights and interests information data.This article mainly from the four part of the right to be forgotten:the first part introduces the basic right to be forgotten is produced,including the right to be forgotten the fact foundation,theoretical basis and legal basis.In the research and analysis of the various views of the concept of the right to be forgotten at home and abroad,the author puts forward the concept of the right to be forgotten,and by to determine the characteristics of the right to be forgotten for the analysis of the concept of the right to be forgotten;the second part mainly discusses the legal relationship of right to be forgotten,and will be forgotten right and other related rights for comparative analysis,put forward on the basis of the right to be forgotten is the necessity and importance of the right to be forgotten by theoretical research and analysis necessary.The third part compares the study abroad forgotten legal system and the related case analysis,including the European Union,the United States and China's legal system and the right to be forgotten about case analysis and get some inspiration from it,and lay the foundation for the fourth part of the paper;the fourth part is based on the former research and discussion in the three part,combined with China's actual situation,the main research on the right to be forgotten how to build our country,standard violations of the right to be forgotten,forgotten right after the construction of how to exercise the right to be forgotten,how should the necessary restrictions on the right to be forgotten to put forward some feasible suggestions and hope to give me.Relevant legislation to provide reference to promote China's information data protection legislation.