Research On The Legislation Of Right To Be Forgotten In China

The right to be forgotten refers to the right of the information subject to enjoy the personal information related to the information subject that has been published on the network by the requesting information controller,It is proposed to deal with the problem of personal information protection in the cyber environment,It applies only to the field of network information,Only for specific information that has been published on the web,And the subject of the right and the obligation are specific.The right to be forgotten is based on the personal information of the main body of the information object,although it has certain property characteristics,but mainly for the personality of the property,and it is not a specific personality right,and should be both to the right of personal information.As a new term related to the network,the right to be forgotten appeared relatively late,but it is rooted in privacy,personality independent development,data control and basic human rights theory.At present,China has become the world's largest network of users.However,there is no special personal information protection law in our country,The collection,storage and use of information is very standard,The traditional laws and regulations and conventional means can not meet the needs of personal information protection.Therefore,it is necessary to Introduce and confirm the right to be forgotten.At the forefront of the study of the right to be forgotten,Europe and the United States have been at the forefront of the world,and now have more mature legislation and practical experience,such as the concept of the right to be forgotten,the legislative system,constituent elements,the conditions of exercise and its conflict with freedom of speech and Coordination,etc,China can draw lessons from the practice in the personal information protection.In order to improve the system of personal information protection,China should stipulate the right to be forgotten in Personality Right Law and Personal Information Protection Law in the future,and elaborate the constituent elements,the conditions and the restriction of the right to be forgotten,To establish and improve the legal system of infringement of the right to be forgotten,so as to strengthen the control of their own information,to promote the free development of the main body of information.