Research On Internet Personal Information "Right To Be Forgotten"

In response to risks of personal data in the internet and usher in the big data area,European policymakers have proposed legislation concerning a “right to be forgotten.” The “right to be forgotten” has been the subject of much discussion since it was mooted as a key part of the Google Spain case.Personal information protection legislation is still in infancy in China.So to improve the legal protection level of personal information,it is necessary to understand the legal protection status that affects this emerging right in other countries and regions and the main factors that affect its development.The European Union as the inventors of the “right to be forgotten”,its legal protection mode led the world.After the case,many countries have responded to the “right to be forgotten” differently to protect their citizens' data in the big data age.China also has a great response to “right to be forgotten”,from academic circles to the right's localization to the latest network security law,all show the great attention of domestic in this issue.This text starts by analyzing the first case of “the right to be forgotten” in our country and makes a critical analysis of the dispute.The plaintiff Ren Jiayu entered his name in the Baidu search engine found terms which is related to his precious working company in the search results.He thought the search results are not conducive to his future career development and personal reputation and Baidu Company infringed upon his “right to be forgotten”.At this point,the "right to be forgotten" has drawn great attention from scholars to judicial practitioners in china.Then,chapter one discusses the definition of “right to be forgotten”,the context of its development so far and the structure of the right.For the definition of “right to be forgotten”,there is no unified view from academia to judicial practice.However,in a matter of a few years,from the idea of a scholar to a written law,it has drawn great attention from the international community.It is also worth noting that freedom of expression,public right to know and economic interests are factors that cannot be ignored in the right's development.The chapter two discusses the necessity of introducing “ the right to be forgotten” in the big data era.In today's increasingly serious violation of personal information,the systematic law making practice cannot keep up with the development of information technology in the era is clearly an important reason.In the failure of anonymization and obfuscation protection rules and disclosure rules,“the right to be forgotten”should be valued and used by us for its own reasonableness and legitimacy.Subsequently,modern “right to be forgotten” is analyzed from legal perspective by comparative study.In the continental law system,it mainly deals with the General Data Protection Regulations of European Union;Russia's draft law on information,information technology and information protection;Right to Be Forgotten Guidance of South Korea and the “Right to be Forgotten”case ruled by the Supreme Court of Japan.On the Anglo-American legal system,there are the California Senate Bill No.568 and State of New York's Right to be Forgotten Act.In addition,the position paper that the British government faces the EU's "right to be forgotten",the Australian abolished the “right of deletion” daft and the first “right to be forgotten” court decision in India are the subject of study as well.Chapter Four combs the legal practice of “right to be forgotten” in China and puts forward some suggestions.First,the text analyze the status quo of “right to be forgotten” protection in china.Then analyze defects of “right to be forgotten” in the newly promulgated “Network Security Law”.Finally,based on the analysis of the legal protection modes of the “right to be forgotten” in various countries,this paper explores the way to perfect “the right to be forgotten” in our country.