Justification Of Right To Be Forgotten

With the continuous development of network technology,personal information once are released on the internet,which will be permanently retained on the internet.In certain circumstances,it may damage the rights and interests of personal information subject.Especially online outdated or irrelevant personal information,which may have negative impact on personal information subject,intrude on the present life of personal information subject and hinder the pursuit of free development of personality of the personal information subject.The European Court established a right to be forgotten formally through judicial precedent on April 13,2014.The right to be forgotten has widely discussed among international and domestic academics.In terms of the legal attribute of right to be forgotten,it should belong to personality right,which can be covered by personal information right.Through the comparative study of the regulations regarding right to be forgotten in different countries or region,such as European Union,Russia,the United States,It can be found that the right to be forgotten only applies to natural person,and the obligation subject should be controllers,which process personal information subject' s personal information.The object of right to be forgotten is online personal information.Content of right to be forgotten includes deleting personal information and restricting processing of personal information.Legal protection mode of right to be forgotten can be divided into the legislative affirmation and judicial remedy.Russian has taken versatile legislative affirmation mode.European Union has taken the provisions of the right to be forgotten mode.United States has taken legislative affirmation mode for special group.Japan puts emphasis on judicial remedy mode.it's clear that legislative protection mode should become the choice.Finally by learning from foreign regulations,and based on the consideration of special condition of our country,it is suggested to establish personal information right in our country,and to confer the right to delete personal information within limits.