Research On The Right To Be Forgotten

Human beings have already entered the information society.With the development of information technology such as Internet and cloud computing,the ability of collecting,storing and disseminating information has been rapidly improved.Massive data and information can be stored permanently and easily retrieved,including personal information.This has brought great convenience to our society and life,but also led to new problems.All kinds of information related to individuals can be collected and stored,and once information is made public,it can be retrieved,copied,disseminated and even illegally used by others.However,if personal information is made public,the subject of information is difficult to control.At the same time,these personal information have been aggregated and analyzed to form the digital personality of the individual in the cyberspace.People are constantly developing and changing,but the Internet can permanently preserve personal information,including the once "bad information",which will undoubtedly have a negative impact on the personality rights and interests of the information subject.In addition,personal information in the information society has become an important resource,which not only relates to the privacy and reputation of citizens,but also to the property rights of citizens.In this context,the right to be forgotten came into being.The right to be forgotten originated in Europe.In recent years,it has been established in the European Union through legislation and jurisprudence.In many countries abroad,there are also legal provisions,which have led to the discussion and research of Chinese scholars.Although there are many studies and discussions on the right to be forgotten in academic circles,there are still no uniform answers to some questions about this right.Whether the right to be forgotten can be regarded as an independent right is still controversial.Because of the different understanding of the connotation and relationship between the right to privacy and personal information,there are different views on the legal attribute of the right to be forgotten,and there are different views on the right composition and protection path of the right to be forgotten.Therefore,the legal attributes,concepts,rights composition,rights protection and other issues of the right to be forgotten still need further discussion and research.This article consists of six parts.The first part determines the concept of the right to be forgotten and the legal attributes.In order to define the concept of the right to be forgotten,analyzing the connotation of the right to be forgotten,the right to forget and the right to delete,and clarifying the differences and connections between them.For the legal attributes of the right to be forgotten,there are mainly the views of property rights,privacy rights and personal information rights.These views are analyzed separately to determine the attribute and the position in the legal system of the right to be forgotten.The second part mainly analyses the subject of the right to be forgotten,including the right subject and the obligation subject of the forgotten right,and analyses the special subject separately.The third part mainly introduces the object of the right to be forgotten,determines the object of the right to be forgotten,and explains the characteristics of the information to be the object of the right to be forgotten.The fourth part mainly introduces the content of the right to be forgotten,and specifically analyses the conditions under which the information subject can claim the right to be forgotten,the rights that the information subject can exercise and the obligations that the information controller should undertake.The fifth part introduces the right conflicts and restrictions in the exercise of the forgotten right.The realization of the right to be forgotten may affect the freedom of information,freedom of speech,freedom of conduct and public interests,etc.This part analyses the conflict of rights between them,and clarifies the limitations and exceptions in the protection of the right to be forgotten.The sixth part mainly introduces the protection of the right to be forgotten.This part introduces the relevant measures to protect and realize the right to be forgotten,and clarifies that the infringement of the right to be forgotten should bear the corresponding tort liability.It discusses the principles of imputation,constitutive requirements and liability of such infringement,so as to clearly identify the infringement of the right to be forgotten and strengthen the protection of the right to be forgotten.