The Study Of The Right To Be Forgotten And Its Localization

With the development of digital technology,people have entered the era of Wb.2.The progress of technology has brought convenient ways of communication,search and storage,however,it has brought a lot of disadvantages to our society as well.In this era,technology has made human memory becoming the normality,and the forgetting becomes the exception.People post information about their emotional words and photos.etc,they even comment on national events and all kinds of information,which has piled up on the Internet.More and more people's information has been recorded by Big Data,gradually forming a person's “network personality image” on the Internet and being forever remembered by the society and people,which makes people living forever in the image of the past and cannot be changed.There is no hope of change,and the right to be forgotten comes into being in such an environment.The right to be forgotten refers to the information subject who releases information on the Internet,in addition to having legitimate reasons to keep information,has the right requiring information controller to delete or obscure the information that it is inappropriate and outdated,if it continues to be retained,it will cause its social evaluation to decrease.The main purpose is to protect the personality interests of the natural person,such as the personality free development and the dignity of personality.This paper mainly introduces the basic knowledge of the right to be forgotten though the origin of it,the current research situation at home and abroad and its conceptual analysis,and by defining the concept of the right to be forgotten,which distinguishes the right to be forgotten from other rights.Through the comparative analysis of the legal interests behind the right of forgotten and the reasons for the dispute of the legal interests of the right to be forgotten at home andabroad,this paper demonstrate the generation of the right to be forgotten from the perspective of legal theory,and through the analysis of the reasons of the legal interests of the right to be forgotten,the legal attributes of the right to be forgotten and the power structure of the right to be forgotten are analyzed from the perspective of legal theory.Finally,the legislative assumption of the right to be forgotten in China is put into practice,and the legal status of the right to be forgotten in China and the institutional construction of the right to be forgotten in China are demonstrated in combination with the law of our country.