Preliminary Study On The Protection Of Trade Secret By The Right Of Forgetring Under Big Data Environment

In the 21 th century,there has been an explosion of data,and the emergence of massive amounts of data has made big data technology a blessing.Data collection and analysis have become increasingly important,but also have corresponding risks,as the impact of big data analysis on trade secrets is one of the risks it brings.For an enterprise,its trade secret protection measures may make it isolate from the external network environment.However,we need to realize that information related to companies is far from being covered by trade secrets.The existence of such data may pose a great threat to trade secrets.Unintentionally,this information is collected and analyzed by others,and it is a threat to company’s trade secrets.In other words,some information itself may not be trade secrets,but through big data technology,the company’s collection of these information is likely to be informed of the company’s trade secrets.What could the company do if it finds that there is such a risk?For traditional trade secret protection measures,big data has become a wolf into the flock.Backward protection measures are virtually invisible to big data.The ability to collect and analyze big data made the protection of trade secrets of most companies in a dilemma,and it may kill the motivation of these entrepreneur to go further.In recent years,the news that cloud has been leaked and firewalls have breached,which also puts forward new requirements for the protection of trade secrets.If so,the spread and spread of big data will lead to the leakage of trade secrets,which will threaten social and national innovation.To deal with such matter,we can make a legal judgement as follows: if the company found any information collection aggregated to its trade secrets to a certain extent,even if the above information does not have a direct impact on trade secrets at present,data holders,information platform providers or data processors are required to delete or disconnect the information under the right to forget,in order to protect trade secrets.This article starts from the above-mentioned purpose,proposes new ideas on the protection of trade secrets from the perspective of the right to forget,and introduces the system of right for the protection of personal privacy to strengthen the protection of trade secrets.This article begins with the relationship of trade secrets and the right to forget,and analyzes the possibility and necessity of the introduce of the right to forget.Besides,this article also provides basic assumptions of the right,and analyzes its confliction with other systems and interests.