Research On The Construction Of The Civil Legal System Of The Right To Be Forgotten In China

In the age of big data,the value of personal information has been recognized and utilized,bringing benefits and negative effects.In 2012,the EU established Right to be forgotten to protect personal data.In 2016,?General Data Protection Regulation ?was promulgated.Russia,Japan,South Korea,the United States and other countries have also absorbed the relevant content of the Right to be forgotten.In 2015,the right of forgotten was first encountered in the case of "ren jia yu v.an Internet service personality right and reputation right".As a major network user,it is of great significance to introduce the right to be forgotten to protect personal information,enhance personal social evaluation and maintain network sovereignty.But as an emerging right,Right to be forgotten faces many tests,mainly manifested as: Attribute definition fuzzy,belong to right of privacy or personal information right category;There are conflicts with freedom of speech,public right to know,and fight against crime;There are technical difficulties in operation.In practice,it is impossible to prevent others from copying relevant information,and it is difficult to delete the personal data completely;The choice of protection mode is controversial,and it is reasonable to apply the ight of privacy,personal information right or Administrative Law.Through the legislation of the right of oblivion and the actual research in our country,Right to be forgotten belongs to the category of personal information right;Right to be forgotten and to protect freedom of speech and the public's right to know are mutually reinforcing relations,Use the "news value standard" to balance its interest relationship with free speech;The state organ collects information and has a professional internal operating system,In practice,it is possible to establish a data hierarchy management system and to avoid the "streisand effect" as far as possible;There is a consensus in the conservation model that there is a need to formulate ? Personal information protection law?,It is necessary and feasible to introduce Right to be forgotten,However,at this stage,China does not have the conditions for formulating ? personal information protection law ?,Right to be Forgotten should be temporarily protected by Tort Law,At the same time,the legislation should be added to the subject,object and scope of application,And amend the relevant provisions of Tort Law to improve the relief of Right to be forgotten.The subject of Right to be forgotten contains the subjects of rights and obligations,The subject of the right subject needs to distinguish between the general subject and the special subject,and the subject of the obligation mainly refers to the data controller in the network,which is widely available;Object refers to the data of identifying personal information;The scope of application shall stipulate general applicable conditions and exclusions.In addition,in Tort Law,the principle of fault liability is applied to Right to be forgotten,and the general constitutive elements and legal liability are clearly defined.