The Localization Research Of The Right To Be Forgotten

In this information age where the use of data is more and more extensive,although it has brought great convenience to people's lives,the risk of infringement of personal rights and interests is also increasing: on the one hand,it is difficult to control the information for the subject of information that has been disclosed and can not be deleted at any time.On the other hand,because the subject of information is not immutable,the personality image will often be developed in a timely and appropriate manner,receiving information in the form of fragments,causing the patchwork character image to be distorted.Therefore,more and more scholars realize the importance of "innocent history" and "the right to be forgotten" has also emerged.The right to be forgotten was brought to public attention because of the judgment of the European Court of Justice "Gonzalez".However,as early as 1995,the EU outlined the prototype of the right to be forgotten in the "Personal Data Protection Directive." Until 2012,it first discovered and clearly pointed out the basic definition and connotation of the "the right to be forgotten".In other words,when the information and the purpose restriction principle are not consistent,the information subject can request to delete the information,which means that the information subject enjoys this right of request.In 2014,although the right to be forgotten has been removed from the revised GDPR,its purpose is to include the right to be forgotten in the right to delete,and it still retains this right in essence.In addition,based on the Eraser Act,California has set up a special right to be forgotten for minors.However,the differences in the development background and legislative model between Europe and the United States have caused different legislative thinking and regulations on the right to be forgotten.Under the National conditions of our country,the right to be forgotten means that the data subject can exercise a basic right according to law,that is,let the data control to delete the personal information on the network.It should not be an independent individual personality right,but should belong to the individual information right.It is the way,content and means of realizing the individual information right,and it is one of the basic powers of the information subject to realize its right to information self-determination.However,in practice,it is inevitable to encounter different dilemmas.First,the implementation of the right to be forgotten will conflict with other rights and interests.For example,it would limit the legitimate exercise of the right to freedom of expression and the right of the public to know,and it would have an impact on the public interest and the interests of online service providers.Second,the effect of being implemented by the power of forgetfulness is uncontrollable and it is easy to produce the "Streisand effect." The more information you want to delete,the more likely it is to stimulate public "curiosity." It's counterproductive.Third,the right to be forgotten relief is not clear.The legal effect of information interests under the scope of the right to be forgotten is only such a direct remedy.If it really causes damage to the subject of information,what kind of complement relief should there be? Finally,the content of the right to be forgotten is rather vague,and the subject of rights,obligations,and scope of application all need to be clear.Based on the experience of foreign country,combined with the national conditions of our country,the localization of the right to be forgotten in our country can be improved as follows: in terms of conflicts of rights and interests,the most important thing is to use the four elements of the principle of proportionality to balance the relationship between the two sides.Second,in order to abuse the right,the legislative departments of our country have issued detailed information removal standards and supervision by the special personal information protection and supervision agencies.Third,in the case of infringement of the right to be forgotten,the mechanism of redress is recognized separately for direct relief and reinforcing relief.Fourth,the content of the right is initially constructed.