Jurisprudential Analysis Of The Construction Of The Right To Be Forgotten System In China

The right to be forgotten was first established by the EU through the case of "Google v.Gonzalez ".Then,it has attracted extensive attention of scholars.The right to be forgotten is an emerging right established by expanding the traditional personal information right to better protect the personality interests of data subjects in the context of the network era.The main contents of this paper includes:First,it analyzes the problems existing in the construction of China's right to be forgotten system from three aspects.From a theoretical perspective,the main problem is that the scholars have not reached an agreement on the concept and nature of the right to be forgotten.Through the analysis of"Google v Gonzales",this paper argues that the right to be forgotten means that data subject can ask to delete or block legally disclosed personal data and data backup or disconnect the data link,without affecting the interests of others and the public interests.Then,by comparing the right to be forgotten,the right to privacy and personal information rights,this paper thinks that the right to be forgotten is different from the right to privacy,and it should be constructed under personal information rights system.From the perspective of legislation,the protection of personal information in China is scattered in various legal documents,and the right to be forgotten has not been clearly proposed in China's legislation.From the perspective of judicial practice,through case retrieval and analysis,we find that China has not confirmed the protection of personality interests protected by the right to be forgotten in judicial practice.At the same time,it is not feasible to protect the right to be forgotten by protecting the general personality interests.Second,this paper analyses the necessity of constructing the right to be forgotten system in our country,which mainly because our country faces the challenge caused by the the Internet age.The right to be forgotten allows data subject to update their digital personality and protect their personal dignity and their peace of private life,and also the right provides a filtering mechanism for the explosive network data,through which the worthless information to public interests will be removed.The right can also protect the national information sovereignty.Third,this paper analyses the system of the right to be forgotten in the EU general data protection regulations and the Russian legal texts.In the process of the construction of the right to be forgotten system,China should critically absorb their experiences.Finally,this paper provides suggestions on the construction of the right to be forgotten system in China from two aspects.First,we need to take a cautious attitude when construct the system in order to avoid damage to the development of Chinese Internet companies,and establish a clear and limited right to be forgotten;Second,this paper gives suggestions on the design of legal provisions.The right to be forgotten should be stipulated in the "personal information protection law".Meanwhile,considering the characteristics of the principle of liability for the right to be forgotten,the tort liability law should be amended.