The Standard On The Protection Of The Right To Be Forgotten

In the data society,information about people's fragments may always be kept in the network,and accessible through search engines.The whisper is easily to be forgotten in daily life,but can become a permanent life history in the Internet.The detailed records from childhood will accompany people for a lifelong time.From this point of view,the Internet is like a "cruel historian".In the face of gradually out-of-control personal data,a new concept—— "the Right to Be Forgotten" is arising.The right to be forgotten,namely the right to "delete",whose basic meaning is: the information subject has the right to require controller permanently to delete the subject's personal information,unless the information is retained for legal reasons.At present,the mainstream view is that right to be forgotten on theory falls into the category of the right of personal information.China's attention to the right to be forgotten comes from the E U's personal information protection reform.In January 2012,the concept the right to be forgotten was proposed for the first time in the REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of individuals with regard to the processing of personal data and on the free movement of such data(General Data Protection Regulation).In May 2016,the draft was passed after being modified several times,and the protection of the right to be forgotten was formally established in the EU.During this period,the right to be forgotten has been widely discussed both in the EU and China.Scholars in our country has now reached a certain consensus about some problems such as its ontology,relief,localization and so on,but there are still many problems remain to be discussed.Among them,the standard on the protection of the right to be forgotten is the most important and difficult problem when the right is defined and protected,and it is also the weak point in the discuss on the right to be forgotten,is also the key point of this dissertation.This main body of this paper includes five chapters:The first chapter expounds the significance of the standard on the protection of the right to be forgotten in the definition and protection of the right.Scholars have generally agreed that the connotation of the right to be forgotten is to delete the personal information.But the extension of right to be forgotten,the problem what kind of personal information should be deleted is still in the ongoing debate.The establishment of the standard on the personal information deletion is substantially the clearness of the extension of the right to be forgotten,which is also the value of the discuss on this issue.In the second chapter,the implied standard of protection of the right to be forgotten in China's legislation is summarized.The existing legal system in our country,especially the Network Security Law and other laws,have stipulated the related content about the deletion of the personal information.Although the rules are not that perfectly match the inner spirit of right to be forgotten,and the protection of personal information is not as full as that in EU,as a temporary substitute,the rules have the function to protect the right to be forgotten.These rules exist in China's laws,judicial interpretations,administrative regulations and the draft legislation.Through the inductive analysis,we can find that the legal system of our country does not give the citizens the sufficient right to delete the personal information,which is not in line with the requirements of the protection of personal information,and needs to be further improved.The third chapter focuses on "the first case about the right to be forgotten in China",mainly analyze the standard proposed in the judicial practice in our country,and puts forward some suggestions.Although China has not yet formulated a clear norm to protect the right to be forgotten,the "Ren Jiayu case" provides a way to protect it by regarding it as a type of personality interests.Especially,the case came up with two important standards —— "legitimacy of the interest" and "necessity to protect ",which makes this judge remain the landmark of the protection of the right to be forgotten.This idea is a fairly secure choice to protect the right to be forgotten.These two standards proposed by the judge,however,are too general,so it is necessary to use the fourth-order principle of proportionality,to check the "legitimacy of the purpose","suitability of the means","minimum damage of the means",as well as the "balance between the means and the purpose " of the deletion.The fourth chapter discusses the enlightenment of EU about the standards on the protection of the right of forgotten to our country.Article 17 of the GDPR in EU is relatively mature about the protection of right to be forgotten,established a number of conditions of protection the right of forgotten.In addition,the thirteen rules on the information protection issued by the European Union no.29 information protection working group are of great reference value.Protection of the right to be forgotten is related to not only a country's network information industry development,but also the interest of the nation.Protection the right to be forgotten in different countries vary,depending on the legal background,cultural tradition and economic development,and so on.Because the development of information industry in China and the EU are not the same,the future of our country in the field of legislation should not blindly copy the experience of the EU,but should use it as selective reference.The fifth chapter summarizes this paper,trying to construct the tentative content of the standard on the protection the right to be forgotten and its concrete application.Before the specific personal information protection legislation is published in our country,to protect the right to be forgotten,the idea in "the first case about the right to be forgotten in China" should be followed,and four-order principle of proportionality should also be taken into consideration.At the same time,according to the current situation of the protection of personal information in China,this paper puts forward a set of specific enumeration standards,in order to provide a basis for the future of personal information protection legislation about the standards on the deletion of personal information.