The Study Of The Application Of Right To Be Forgotten In China

With the continual development of internet technology,the era of big data is roaring closely.Under the time of big data,the establishment,acquisition and storage of personal information is considerably simple,while it has brought negative influence on the protection of personal information as well.The European union first put forward the phrase “right to be forgotten” to solve the relative problems on the protection of personal information,followed by Russia,which made adequate law-making stipulation on “right to be forgotten”.But America,based on the development of market economy,holds quite different attitude from the European union on the legislative aspect of “right to be forgotten”.Simultaneously,China carries preliminary probe into the law-making stipulation of “right to be forgotten”and has proposed The Personal Information Protection Law of the People's Republic of China,which is a draft closely related to “right to be forgotten”.The thesis tries to study the concept,subject,object and the content of “right to be forgotten”,comparing the relationship among right to be forgotten,right to personal information and the right to personal privacy,analyzing the different ideas held by our mainstream scholars like professors Wang Zejian and Wang Limin in order to make for the inclination as putting right to be forgotten into the scope of right to personal information,which exists independently of the right to privacy and co-exists with the right to privacy as one part of right of personality.Meanwhile through comparative analysis of current situation in legislation on right to be forgotten in the European union,Russia and America,the thesis aims at studying the existing achievements and confronting challenges on legislation on right to be forgotten in China,trying to put forward the improving solutions on perfecting the relating regulations on the subject and content of right to be forgotten,making detailed protection measures on personal information.Compared with the European union,China starts later on the legislation on right to be forgotten and has incomplete law to cope with the problems of the protection ofpersonal information under the big data era.China issued the draft of Personal information Protection Law in March,2017,which tried to establish the legal system of the the protection of personal information.By series of analysis,learning from the experiences of the developed countries like the European union,this thesis puts forward the proposition of perfecting the draft of Personal information Protection Law and formulating complete Personal information Protection Law and incorporating it into future corpus of civil law and also the thesis divides clearly the subject of the right on personal information,establishing the information data protection authority,setting the time limit of data storage and adapting to the needs of development in the Internet Age.