The Research On The Forgotten Right In The Age Of Network Data

In the digital age,personal privacy information is constantly being digitized and permanently recorded.The danger of personal data leakage is advancing with each passing day.The traditional values of personal information protection need to be legally confirmed before the new environment.Due to the development of new technologies,privacy rights are facing challenges in both technological advancement and power expansion.The connotation of "privacy" and "personal information" has expanded.The traditional concept of privacy cannot fully cover the personal information in the era of data.The fragmentation of personal information and the context of communication constantly blur the traditional public "private and private" field.The boundaries,personal interests continue to give way to the media's right to disseminate,the public's right to know,etc.,freedom and privacy gradually become irreconcilable contradictions;the increase of data information,the hidden nature of the network virtual space leads to online infringement becomes complicated,It is difficult to define the remedies for privacy infringement and the inability to meet the Internet age.Although China has gradually attached importance to the protection of personal information rights and interests,relevant departmental laws,administrative regulations and industry self-regulation rules are not rare.However,due to the lack of unified legislative standards,it is difficult to achieve a balance between free information circulation and personal information protection.Problems such as effective execution and inability to effectively maintain the network order still exist.On the issue of personal data protection,the European Commission established the "forgotten right" system based on the right to self-determination of information,reaffirming citizens' control and consciousness of their own data,and requesting the deletion of outdated and irrelevant and outdated personal data.In this way,balance the contradiction in the process of personal data collection,use,processing,etc.,and alleviate the tension between multiple parties.The legislative model of Chinese civil law is similar to that of German law.However,in the protection of personality rights,especially privacy rights,more is the concept of "great privacy" in the United States,including personal information in the category of "privacy".The law and some industry self-regulation rules to achieve the protection of personal information.Under the influence of these two different legal concepts,the question of whether to choose the mode of personal information legislation in China,whether to introduce the right to be forgotten,and in what form to introduce it has not been conclusive.In view of the fact that China's current legal norms fail to effectively cover the personal information rights derived from dataization,and can not fundamentally resolve the contradictory state between information protection and free circulation,this paper believes that the system of forgotten rights should be introduced to a limited extent to make up for China's current personal information.Limitations of protection.In the theoretical construction,the right to be forgotten should be attributed to the right of personal information;the subject of rights is limited to natural persons;the object of rights includes the content of cyberspace that does not conform to the principle of purpose,no longer has legitimacy and improper collection and utilization;The approach includes requiring information publishers,network service providers,data controllers,etc.to correct,disconnect,and delete relevant information content and links in a timely manner,and provide relief to infringement lawsuits that have caused serious damage,requiring personal data to be forgotten by the Internet,unless The retention of this data is justified.