The Forgotten Power Struggle In The Era Of Big Data

With the advent of the era of big data,the digitization of data has improved the utilization rate of information,as well as its use value,which means the all-round data monitoringtowards our digital society.In other words,personal privacy is in a default public state in the process of digitization,and the vulnerability and uncertainty of private data has made it increasingly difficult to protect it.As a result,the legal system of “right to be forgotten”,which was first proposed by European Union(herein after EU),is seen as the most forefront and important solution to data privacy crisis contemporarily.There are only several decades since the emergence and development of the concept of “right to be forgotten”,but it has raised heated debate and discussion at all levels at the beginning of its birth,for instance some scholars even hold the view that the right to be forgotten cannot be seen as an independent legal right.Chapter 1 will introduce the background for the right to be forgotten as a new conception,which mainly concerning about the infringements towards personal data rights in the era of big data.In addition,plenty of representative views have been collated as references.For example,at the level of the nature of the right,there are different opinions between privacy right,the right of personal data protection and property rights,as well as the dispute between public law rights and private rights.It is worthy to be discussed that many scholars tried to conceptualize the right as a kind of human rights.At the level of theory basis,there are disputes concerning about individual rights and public interest.At the level of the concept of the right,there are discussions about the distinction between the “right to erasure” and the “right to be forgotten”.At the level of the application of law,there are several different paths of transplantation of laws into China which has been proposed by scholars.Since the research about the right to be forgotten has just started up in China while there are plenty of academic discussions and practical exploration in the EU and USA,to comb the origin and development of the concept of the right to be forgotten,chapter 2 will begin with interpreting the revision and completion process of relevant legislation in EU.Furthermore,it will probe into the conception and constitution of the right to be forgotten based on “General Data Protection Regulation”,which is the latest personal data protection legislation.Then chapter 3 offers the discussion of the nature of the right to be forgotten,whichconsists in the discrimination between the privacy right,property right,and the personal data protection right.The development of its concept and its legal basis are also provided.Furthermore thisarticle will focus on the analysis of the legitimacy of the right to be forgotten right.Since the contrast relevant practice of EU and the United States(herein after USA)is so representative that they have become the main and basic research object for scholars to elucidate the right to be forgotten.Byconducting comprehensive comparative law study about relevant practice and theory in EU and USA,the article will probe into the constitution and application of the mechanism of the right to be forgotten.Eventually starting from introducing “the first case about the right to be forgotten in China”,chapter 4 attempts to provide reasonable advice for the improvement of China personal data law that juveniles' personal data protection law could be a good start,as well as giving a critical analysis pointing at the legal transplantation of the right,so as to offer a new path to protect personal data in the vigorous development process of Chinese internet society.