A Critical Research On The Right To Be Forgotten

The Internet will never forget,or,at least,we suppose it is.In the early days of the Word Wide Web,how to share information in a quick and cheap way was generally concerned about.Nowadays,on the contrary,people are beginning to worry that the data monitoring would interfere with their normal life.We would never underestimate the social and economic value of personal data,which could form a kind of data link and even develop into information industry.The government,medical departments,and even large enterprises might have huge databases storing a large amount of information.By storing,screening,recording personal data,the Internet could even track a user's image.Thus,how to hide,delete and forget information becomes an urgent and realistic question.Under such a background,this dissertation,based on the research of a large amount of literature,studies the right to be forgotten from both theoretical and practical perspectives,and tries to provide more possibilities for the development of this right.At the beginning of this dissertation,an introduction sets out realistic background of the argument,theoretical and practical significance of the research,and summarizes several innovation points and shortcomings of this paper.It also makes a critical literature review and introduces the basic structure of this dissertation.For main body,it is divided into five parts.Firstly,the path of the legalization of the right to be forgotten is illustrated,from a kind of French moral right to the birth of the GDPR.In the Part II,it states theoretical challenges of right to be forgotten.It is known that,the right to be forgotten is in conflict with right to free speech and right to know,and it is difficult to be compatible with information property right system as well as the privacy system.Liberalists criticize that such a right might play the role of legal paternalism,however,because of that,the right of forget could have more possibilities.Then in the Part ?,a comparison is made between the case of"Gonzalez v.Google" and the case of "Ren Jiayu v.Baidu",which is called the primary case of right of forget in China.Subsequently it analyses potential reasons resulting different judgments,under different legal system.It is clear that the impact of legalization of the right to be forgotten,especially for transnational Internet enterprises like Google,Facebook and so on,is enormous.Although those companies introduce policies to protect users' privacy,it is not perfect in practice.On the basis of comprehensive study of the experience and researches of right to be forgotten,under the background of enactment of the General Principles of Civil Law in China,the Part IV of main body focuses on possibilities of introducing such a right into Chinese legal system.And finally the Part V makes a general summary of the dissertation,but also looks forward to the development of the right to be forgotten.