Study On The Establishment Of The Right To Be Forgotten In China In The Era Of Large Data

With the rapid development of Internet technology,especially the development of digital technology and information storage technology,this kind of network technology has completely changed the types and ways of human life.The Internet has become an indispensable part of our life and work.More and more people are enjoying the convenience of the Internet technology.However,we should note that the development of Internet technology does not simply bring us convenience.We should also see that the development of network technology has brought a certain threat to our related rights and interests.When people communicate with others on the network through various kinds of software,we will send a lot of personal information data to the network This personal information data is preserved permanently in cyberspace.Once this personal information is permanently preserved,it can lead to serious consequences--citizens will be bothered by personal information.Thus affecting normal life and development.Based on this,the right to be forgotten came into being.The concept of the right to be forgotten was first put forward by the European Union,and the first case of the right to be forgotten was tried in the world by using this concept.Google was sentenced to delete links to relevant information data.But for our country,there are many legal documents in which there are laws on the protection of personal information,even directly reflecting the right to be forgotten The related content of the spirit,the General principles of Civil Law,also provides for the protection of personal information.However,because this provision is not systematic,it even conflicts with each other in various legal documents.As a result,there are many loopholes in the legal system of our country,which makes it impossible to protect citizens' right to be forgotten in practice.Therefore,this paper holds that our country should draw lessons from the relevant legislation of western countries on the right to be forgotten.The establishment of the special personal Information Protection Law,combined with the current legal system of our country and the establishment and protection of the right to be forgotten in it.Based on this,this article starts from the foundation of the connotation of the right to be forgotten and sets out the construction of the right to be forgotten.The article is divided into three parts:First of all,it discusses the basic theory of the right to be forgotten,expounds the concept and characteristics of the right to be forgotten,puts forward that the right to be forgotten should belong to the category of the right of personal information,and distinguishes it from the right to privacy,reputation and freedom.Discussing the legal value of the right to be forgotten,This paper puts forward the defects of the protection of the forgotten right in big data's time,and from the point of view of the protection of the rights of natural persons and the needs of industrial development,puts forward that the introduction of the system of the forgotten right is the necessary choice to solve the protection of the rights of the natural persons under the age of big data.Finally,considering the urgent need of our country for the right to be forgotten,The legislative design of introducing the right to be forgotten in China,including the choice of legislative model,is put forward.This principle,the scope of application,the way of action and ex post relief and so on.