The Research On “The Right To Be Forgotten” Under EU's ?General Data Protection Regulation?

In 2014,a decision from the European Court of Justice formally justified “the right to be forgotten” for the first time in the case of Google v.González.The EU has regarded the “right to be forgotten” as the right of personal information,which is a basic right protecting the personal data in the Internet domain.This right is meaningful in strengthening the civilians' ability to control their information and providing a legal approach in protecting personal information in the Internet Age.Standing at the leading edge of protecting personal information,Europe and the U.S.pay high attention to its protection with justifying“the right to be forgotten” in legislative and judicial practice.By contrast,it seems more necessary for China to protect this right as the basic human rights by combining the former two's legislative experience with our own conditions,because our country has witnessed the most prosperous internet industry and cultivated the vastest number of cyber citizens in the world.“The right to be forgotten” means the right exercised by the owner of certain information issued on the internet that has already been inappropriate,outdated or that will depreciate the owner's deputation if it continues to exist on the internet,to request the controllers of that information to delete the prescribed information.This paper will elaborate “the right to be forgotten” in the following four parts.Part One is the introduction of “the right to be forgotten”.Firstly,it presents in details the process of the formation and development of “the rights to be forgotten”through the case of Google v.González.Then it comes to the regulations of “the right to be forgotten”.Finally,the attribute of “the right to be forgotten” will be explored.Part Two is a normative analysis of “the right to be forgotten”.The basic principles of the right will be discussed firstly.Then based on the case of Google v.González,the basic content of “the right to be forgotten” will be elaborated.Then to explore the tort liability of “the right to be forgotten”.Part Three will focus on the conflict between the right and free speech,the relation between the right and a third party and some other misunderstandings about the right,so as to make the content of the right clearer.Part Four discusses the problems faced by China and the solutions by putting“the right to be forgotten” against the background of China's conditions.Form the perspectives of China's internet industry's current situation and the issues related tothe protection of personal information,it will summarize the weakness in the field of information protection in China,and prove the value and feasibility of legislation for“the right to be forgotten” in China.The Concluding Part will summarize the above parts in order to appeal for a legitimate and reasonable internet circumstance basing on China's real conditions with a comprehensive solution.This paper will make a comprehensive and systematic analysis of “the right to be forgotten” based on the text of General Data Protection Regulation and other literatures.It will also make an empirical analysis about the focal points and disputes arising from the case of Google v.González.