Research On The Nature Of The Right Of Being Forgotten And The Construction Of Its Localization

The information age has spawned low-cost and high-efficiency data acquisition technology,which has further triggered the explosion of information in the information age of network data.However,while people enjoy the convenience brought about by new technologies such as big data and cloud computing,their personal rights and interests are also increasingly threatened:the collection of fragmented data is everywhere,but the forms have become increasingly hidden.Once the personal information is made public,it becomes more and more difficult for the individuals who are the subject of the information to control it;the huge change in the data storage method makes it almost impossible to completely delete the personal information;advanced data analysis technology carries out the fragmentation of the information.Collecting and recombining,while accurately identifying the main body of information,.gradually depicts the increasingly full image of the personality of the information subject.However,the personality image depicted by information fragmentation is not completely correct.On the one hand,the re-stitching of information fragments often leads to the deviation of the image of the personality of the information subject;on the other hand,once the information is disclosed,it will never be deleted,but the person who is the subject of information and his personality image are constantly evolving,and have been retained on the Internet.After many years of taint,it still reminded the public on the Internet of the mistakes made by the public information subject,brought spiritual pain to the information subject,and infringed on the interests of free development of personality.In this context,scholars began to pay attention to the meaning of "forgetting" and called for a "right to start again." The right to be forgotten is gradually entering people’s field of vision.The right to be forgotten was brought into public view by the judgment of the"Gonzales Case" of the European Court of Justice.However,the right to be forgotten originated from the EU’s reform of the 1995 "Personal Data Protection Directive." In 2012,the "General Data Protection Law(Draft)" promulgated by the European Union put forward for the first time the concept of "right to be forgotten",allowing information subjects to request data controllers to delete information when it does not meet the"Principles of Restricted Purpose." Although in the 2014 revision plan,the right to be forgotten was incorporated into the terms of the right of deletion,the content of the article still embodies the spirit of "restarting".Coincidentally,the "Eraser Act" passed by California in the United States is regarded as a "right to be forgotten" bill for minors.However,there are many differences between Europe and the United States in the legislative model of the right to be forgotten.There is still controversy among the academic community about the nature of the right to be forgotten.How to understand the right to be forgotten,how to define its nature,and how to introduce it into the Chinese legal system are issues that this paper is trying to solve.The text of this article is divided into five chapters.The preface discusses the background and research significance of the right to be forgotten and combs the literature review,and constructs the framework of the thesis.The first chapter describes the emergence and development of the concept of the right to be forgotten,analyzes the typical case of the birth of the concept of forgotten rights,Gonzales,and systematically presents the legislation of the right to be forgotten in Europe and the United States.In order to fully demonstrate the development of the right to be forgotten.In the second chapter,the author analyzes the nature of the right to be forgotten.The "right to be forgotten" as a new legal concept has not had a mature opinion on its nature.The author compares and analyzes the three theories of the nature of the right to be forgotten,thus defining the right to be forgotten as the power of information self-determination that is distinguishable from the right to delete information.It is believed that the following rights to be forgotten will lay the foundation for the construction of the Chinese legal system.The third chapter of this article is an analysis of the value of the right to be forgotten,highlighting the right to be forgotten to obtain social understanding and the value of developing freedom and dignity of personality.Chapters 4 and 5 of the paper provide insights for the right to be forgotten in China:In the fourth chapter,the author combs the actual needs,the current status of the theory,and the legislative status quo in China’s information protection.In Chapter 5,the author’s right to be forgotten in China The construction under the legal system puts forward its own view:the right to be forgotten is juxtaposed with the right of information control and the right of information property to jointly form the subordinate concept of personal information right,and is included in the personality right system.