Research On The Legal Guarantee Of The Right To Be Forgotten In The Era Of Big Data

The rise of the data age has made forgetting an exception,and memory has become normalcy.Losing a balance between the memory and forgetting and inverting the space,whether it is necessary to hold a "forgotten Internet" movement,giving the right to be forgotten to data subject,it has become a difficult problem.that is what this article is going to focus on.The right to be forgotten raised by Eu is trying to threat the digital memory,but the rationality of empowerment action has caused widespread international debate.The US,in particular,has shown the opposite attitude to the Eu..Based on this,this article combines the EU and the US legislative background to study why the right to be forgotten is treated differently and what attitudes should be given to the right to be forgotten.Above all,this article is divided into four chapters.The outline of each chapter is as follows:Chapter 1 mainly introduces the social welfare of the data revolution and its various concerns.The rise of the data era brings convenience and wealth to people.Meanwhile,the application of big data violates people's freedom and control the data information to varying degrees.Chapter 2 mainly defines the concept of "the right to be forgotten" and its nature.Forgotten right refers to the data subject has the right to require Data controller to delete data subject and personal data permanently,corresponding the essential elements of human rights.it can be treated as human rights,of course,it also can be regarded as a specific personality right.Chapter 3 compares the attitude of the European Union and the United States to the right to be forgotten to analyze whether the different standpoint can truly shake the existence of the right to be forgotten.The essence why have the European Unionand the United States given different treatment to the right to be forgotten is that they differ in the concept of legislation,but it does not necessarily negate the existence of the right to be forgotten.Chapter 4 mainly explores the Chinese road of the legal guarantee of the right to be forgotten.The right to be forgotten has the necessity and feasibility of its creation in China.It can construct the Chinese road of the legal guarantee of the right to be forgotten by combining the unified legislative model and the self-governing normative model.A separate law?Personal Data Information Protection? should be enacted to protect personal data and “the right to be forgotten”.