The Research On "the Right To Be Forgotten" In Big Data Era

The right to be forgotten is a fundamental right related to personal data protection and it was put forward to cope with the challenge of permanent memory and personal data crisis in Big Data Era.It not only relates to the safety of personal data,but also the state security and development of enterprises,so it is urgent to explore the path of the localization of the right to be forgotten actively under this background.This dissertation put forward two important issues: whether China should accept the right to be forgotten and how to bring it in.After discussing the necessity of the localization of the right to be forgotten in China,this dissertation explored two paths of transplantation of the right: legislative approach and non-legislative approach.Firstly,the author discussed the dilemmas of the right to be forgotten when it applied in overseas,such as legal dilemma,technical dilemma,conflict of rights and weak data protection awareness.On this basis,this dissertation analyzed the feasibility of non-legislative solutions which were proposed by foreign scholars to solve aforementioned dilemmas.The author found that alternative measures cannot fundamentally solve the existing problems,so the author shifted to research the means of legislation by discussing the norms of the right including the concept,attribute,and the subject of right,the subject of obligation and the scope of application,which provide theoretical support for the localization of the right to be forgotten.Last but not least,based on the dilemmas and practical experience of foreign countries and areas,the author came up with five solutions of localization,including rectification the name of the right to be forgotten,choosing separate legislative model and enacting data protection law,classifying data and carrying out the right step by step,considering time factor and proportion principle to explicit the right?s boundary and close the conflict,setting up a special data protection agency.It is significant to seek a balance between the interests of various possible conflicts and realize protection of personal data without impairing interests of free speech and other public interests.