The Construction Of "the Right To Be Forgotten"

"The right to be forgotten" is a new right arising under the background of the search engine and other Internet tools,the rapid development of the Internet platform.In 2012,the EU clearly stipulates the "forgotten and deleted right" in the "General Data Protection Ordinance" draft,the right to be forgotten related issues is concerned.The construction of the "The right to be forgotten" has some enlightenment on how to deal with the relationship between personal information protection and the big data age on the road of building a socialist country ruled by law.To understand the "The right to be forgotten" first through the EU court "The right to be forgotten right case of Google v.Gonzalez " to analyze the "The right to be forgotten" the meaning and development process."The right to be forgotten" originated in the already existing information self-determination,the right to forget,the right to delete,in essence,"The right to be forgotten" contains some of these three rights.It is necessary to construct the "The right to be forgotten" through the analysis of the case of "Google" in Spain and the case of "Baidu" in China and the analysis of the actual situation in China.The specific content of "The right to be forgotten" in our country : The main content of "The right to be forgotten",First,the right should contain the natural person information data subject with high degree of recognition.The second is that the subject of duty is any personal information data collection and storage,The use of the relevant individuals,enterprises,other organizations.The scope of application should be for those who point to the "inappropriate,irrelevant,outdated" damage-free information data.Finally exercise of rights should be in accordance with the application,comprehensive review,Shielding,delete,disconnect the program to carry out;With the specific provisions design,I think that "The right to be forgotten" should be under the right to self-determination of personal information,so that together with other rights constitute China’s personal information protection of the integrity of the system.