The Study Of "Forgotten Right" In The Big Data Era

With the development of web 2.0,cloud computing,search engine and a series of network technologies,negative information about individuals is still stored in the network,even though it loses its original processing purpose,resulting in the consequence of impairing the personal dignity of the information subject and hindering its free development of personality.In order to protect the personality interests of information subjects,the EU has established the right to be forgotten.However,since its birth,there has been a great controversy and discussion on this right at all levels.This paper is divided into four parts to study the right.The first part mainly introduces the origin and development of the right to be forgotten.First of all,it introduces the exclusion of “the right to be forgotten” in the European Union,but in the United States as a typical country.Then it analyses the reasons why the European Union and the United States have different attitudes towards this right: first,the different legal and cultural backgrounds between the European Union and the United States;second,the different modes of personal information protection;third,the consideration of national interests.The second part analyses the legal nature of “the right to be forgotten”.Firstly,it is argued that the right to be forgotten should be regarded as a civil right rather than a basic right in China.Then,by analyzing the relationship between “the right to be forgotten” and the right to reputation,privacy and the right to personal information that has not yet been stipulated in the current law of our country,it is pointed out that the “right to be forgotten” should be stipulated as the content of the right to personal information in the process of transplanting to our country.The third part discusses the dilemma of the implementation of the right to be forgotten.Through the analysis of the characteristics of the basic rights of freedom of speech and the maximization of the value of law,this paper demonstrates that freedom of speech can not be the reason for excluding “the right to be forgotten”.According tothe consistency of rights and obligations and the priority protection of personality rights,it is more conducive to the realization of personality value.It is clarified that“the right to be forgotten” should take precedence over the protection of commercial development.By clarifying that the purpose of “the right to be forgotten” is to suppress the permanent retention of information and give the information subject space to develop their personality,refuting that information can not be completely deleted will hinder the generation of “the right to be forgotten”.The fourth part constructs the application of “the right to be forgotten” in our country.This paper demonstrates the feasibility of the application of the right to be forgotten from three levels.That is,the development of Internet technology in China and the first case of “the right to be forgotten” have realistic needs for this right;there is a cultural environment such as giving people a second chance and the doctrine of the mean,which is consistent with the value concept of “the right to be forgotten”;there is a legal basis for formulating “the right to be forgotten”.Secondly,the legal elements are reconstructed,that is,to clarify the subject of the right,the content of the right,and the scope of the information to be deleted.Thirdly,in view of the uncertain characteristics of the information boundaries to be deleted,an objective criterion is attempted to be established.Finally,through the principle of imputation,the elements of tort liability and the undertaking of tort liability,the tort liability of “the right to be forgotten right” is constructed.