On The Right To Be Forgotten

The term "On the Right to be Forgotten" means that the natural person requires the data controller to delete the right of personal information on the network according to their own demand,thus achieving the purpose of personal information being forgotten.After the "Google Spain case",The European Union court upheld the right of oblivion in this case and established the right of oblivion through the The European Union's personal data protection directive.From the value of the right of oblivion,the exercise of the right of oblivion can give people "a second chance" to change the influence of the negative information and realize the purpose of human rights protection.According to our country at present,the number of Internet users has been far more than Europe,is the country with the largest number of network users in the world,so,our country has built the realistic requirement of right to be forgotten.In 2016,have taken place in our country the first cases involving right of appeal is forgotten,in his ruling,the court did not support the plaintiff's claim the right to be forgotten,but on the grounds that the right to be forgotten is not legal right rejected the request.In the theory of some scholars in our country on the right of the forgotten the case on the basis of the comparison of cases and the European Union,and think that it is not right to have forgotten our country the legal basis,but the author thinks that there are many differences between these two cases,the purpose of personal information such as the original release,involves the interests of the subject of information,etc.,so can't simply then compare the two.In addition,our country existing law system,protection of personal information are covered,newly issued "the general civil law" in 2017 and has been implemented,the tort liability act "decision on strengthening the network information protection" and other laws and regulations can be forgotten rights legal basis.Forgotten rights not only conform to the requirements of current social reality,there are certain legal basis,and the academic circles have studied in theory,but forgotten right there are a lot of controversy in the process of research,there are many practical problems need to solve.Academic and social practices are related to the right of the forgotten there is debate about this article through to the right of the European Union and the United States about the forgotten law thinking and reference,parsing the forgotten right ontology,discussed the right of the forgotten property,subject,object,scope,content,and conflict of rights of claiming the right to be forgotten theory into,from the right to be forgotten,value,on this basis,combining with our country's current legislative situation,analysis the operability of the sinicization of right to be forgotten,through a series of measures to protect right to be forgotten,in order to offer available to perfect the legal system of our country.