The Study Of The “right To Be Forgotten” In The Context Of The Era Of Big Data

With the advent of the era of big data,the amount of personal information stored in the network is becoming larger and larger. These information is permanently remembered, so, they may become a hidden danger in our daily life,and the protection of "the right to be forgotten" can effectively solve this problem.In 2014, the European Court of justice on the case of "the right to be forgotten" triggered a discussion of the academic circles,the essence of the right is a right of claim.It is suitable for the field of network information.Specifically saying,the information owner have the right to request information controller delete information or take measures to eliminate adverse effects without violating other laws and regulations.It is similar to the right to be deleted while there are some differences.Many studies have defined the subject of the right to be forgotten as a natural person.At the same time, many studies believe that "the right to be forgotten" is the same as the right to delete.In this paper, But it is nessesary for adding legal persons and other organizations to the main body of "the right to be forgotten",because the legal person also has the personal information protection demand.By comparing the relationship between the right to delete, the right to privacy, the right to know and the freedom of the press, we can clearly define the legal attribute of the right to be forgotten.Under the background of big data,we need to protect "the right to be forgetten"from the three aspects:legislation,judicature and administration.In this way,the study of "the right to be forgotten" can perfect our data protection system and theory construction, and can also guid the development and application of information technology in China, so as to effectively protect individual privacy, enterprise or business secrets and national information security while technology is developing.