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

The arrival of the era of big data has brought a lot of convenience to people's lives,but at the same time personal data protection issues have become increasingly prominent.Due to the rapid development of Internet technology,the forgotten instinct of human beings has become more and more difficult since ancient times,and replaced by memories that the Internet cannot erase.The data fragments formed by these Internet memories are collected and processed all the time,and the personality image reflected by these data fragments tends to deviate from the image of the data subject itself.The continuous development of individuals has caused the negative information that has been retained on the network to bring about continuous adverse effects to the data subject,and the individual's personal interests are damaged.Based on this background,people began to notice the right to be forgotten and began to demand the right to historical innocence.As a new right,the right to be forgotten reflects the concept of information autonomy on the one hand and the maintenance of personal dignity on the other hand.Therefore,the emergence of the right to be forgotten is reasonable and inevitable.The right to be forgotten originated in Europe and was first confirmed in the European Court of Justice's 2014 judgment on the Google v.Gonzalezz case.After that,the European Union issued a formal regulation on the right to be forgotten in the Uniform Data Protection Regulations promulgated in 2016.This right to be forgotten has caused a lot of attention around the world and has had a major impact on the legislation of personal data protection in various countries.The research on the right to be forgotten as a new right started late in our country,and the research content is not deep enough.Despite the increasing attention paid to the protection of personal information,the right to be forgotten is still unknown to the general public and even some legal practitioners in China.Therefore,in the current era of big data,in order to cope with all kinds of disputes caused by massive data,effectively protect the personal dignity and personal information of citizens,and deepen the research and discussion on the right to be forgotten is extremely necessary.This article is mainly composed of five parts.The research significance and research background of the right to be forgotten is introduced in detail by the author in the introduction part.It sorts out the relevant Chinese and foreign literatures of the right to be forgotten,and also introduces the research methods of the article.The first part is the concept of the right to forget,and it introduces the generation and evolution of the right to forget,and sorts out the definition of the right to be forgotten by scholars at home and abroad.The second part discusses the right attribute and right structure of the right to be forgotten,and puts forward its own opinions on the basis of the research on the right to be forgotten by scholars at home and abroad.The third part introduces the extraterritorial experience of the right to be forgotten in other countries around the world,focusing on the legislative and judicial experience of the EU countries with the most complete forgotten rights system.And introduced the experience of the United States,Japan,Russia and other countries with the right to be forgotten.The fourth part combines the above theoretical research on the right to be forgotten and the experience of extraterritorial experience to make recommendations on the construction of the current system of forgotten in China.