| Today we are in the age of the Internet,and it is also a full of information era.The rapid development of science and technology,the development of Internet technology,so that every citizen felt the great change brings by the Internet in the society,whether in daily life or living,busy work and study,the Internet is like the air,everywhere and indispensable.Maybe we have been used to the existence of the Internet,but at the same time,we must maintain a vigilant mind,because our personal information will remain on the Internet forever,and it can’t be deleted.It may bring immeasurable consequences in the future,and even affect the person’s life.So in response to these problems,countries around the world have strengthened their protection of citizens’ personal information.The European Union has proposed the right to be forgotten to protect personal information in the Internet field.As a big internet country,China is in the exploratory stage in the protection of personal information,so the author decided to do some small work for the protection of personal information in our country by studying the right to be forgotten.This paper is divided into five parts:The first chapter is the introduction,the overall introduction of the background and significance of this topic,as well as the domestic and foreign research.The second chapter is the general problem of the right to be forgotten in the Internet age.It is mainly a summary of the right to be forgotten,which is divided into three parts.The first part mainly discusses the origin,concept and characteristics of the right to be forgotten,and combs the basic problems of the right to be forgotten by combining the viewpoints of foreign and domestic scholars.The second part discusses the legal attributes of the right to be forgotten.The third part mainly analyzes the relationship between the right to be forgotten and other rights.First of all,starting from the relationship between the right to be forgotten and privacy,through comparing the right to be forgotten and privacy,found the differences between them,explain the importance of the right to be forgotten.Secondly,it expounds the relationship between the right to be forgotten and the right of personal information,and draws the conclusion that the right to be forgotten belongs to the right of personal information,which lays the foundation for the legislation of personal information protection law in the future.The third chapter is the status quo and comparison of the right to be forgotten in foreign countries,which is mainly about the European Union and the United States.From the two aspects of legislation and judicial practice,the author discusses the right to be forgotten,studies the history and the latest developments of the legislation of the forgotten right,and combines with the reality of judicial cases,and has a deeper understanding of the right to be forgotten.At the same time,this paper makes a detailed comparison between the European Union and the American system of the right to be forgotten,and finds out the differences between them and analyzes the reasons for the differences.Finally,through the analysis of the foreign system of the right to be forgotten,it provides rich experience for the construction of our country’s right to be forgotten.The fourth chapter is the necessity and feasibility of constructing the right to be forgotten in China.It mainly discusses the legislative status of personal information protection and the necessity and feasibility of the right to be forgotten in three parts.Through the analysis of domestic laws and regulations,this paper sums up many problems and deficiencies in the legislation of personal information,and concludes that China needs to construct the system of the right to be forgotten.By studying the necessity and feasibility of the right to be forgotten,the problems existing in the protection of personal information in our country are solved,and lay a solid foundation for the following system design.The fifth chapter is the system construction of the legal protection of the right to be forgotten in our country,which is mainly to make suggestions for the construction of a relatively complete system of the right to be forgotten.In the author’s opinion,it is necessary to establish a system of the right to be forgotten,first of all,to define the legislative path of the right to be forgotten,and to plan the legislative system and framework so as to realize the localization of rights.Secondly,we should make a detailed definition of the elements of the right to be forgotten,such as the subject of rights,the subject of the obligation,the object,the content and so on.At the same time,is made to make clear the responsibility of the responsibility.In the end,we put forward some other suggestions for the protection of the right to be forgotten,such as the establishment of protection institutions,and technological innovation. |