A Simple Analysis On The Right To Be Forgotten Established In Our Country

The right to be forgotten was provided definitely by foreigners,which was to give natural persons the right to decide how to use their personal information on network.The EC court decision of the right to be forgotten is different from the first case about this right in China that losing of the plaintiff party in China didn't deny necessity of the right to be forgotten established in our country.The right to be forgotten belongs to personal information right which has legal nature of personality right,and it is different from the right of privacy or the right of reputation.With increasingly importance of the network and development of the big data,the strength between network users and network company is highly different which makes natural person want their personal information “to be forgotten” on network so that they can control the security of their own information.Our normative documents for any personal information protection of “to be forgotten” are not comprehensive and the practice of network service providers remains to be perfect.Therefore,we have necessity to establish the right to be forgotten which means protecting the personal information th rough erasure.We should make it clear about the right structure including subject of right and obligation,exertion of right.We also should pay attention to how to exercise this right.Finally,we should make full use of Tort Liability Law so that we can establish a right protection system of the right to be forgotten.